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I hit a deer on the freeway.I sustained severe injuries. Can I sue my insurance company for pain and suffering, med pymts, etc?

Cleveland, OH |

I have State Farm Insurance. I am covered for bodily injury/property damage, medical payments, uninsured motor vehicle- BI, and uninsured motor vehicle- PD. Can I sue my insurance company for medical payments and pain and suffering? I have lots of medical bills and have missed over a week of work. I am currently going to physical therapy.

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Attorney answers 7


You will get medical payments coverage though your Policy will dictate whether you have additional claims.

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Your insurance should cover your medical bills.


They should pay your medical bills. It depends on the language of your insurance policy.

The above is general information only and is not legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement.


Your medical payments coverage is likely the only applicable benefits when you're at fault.

Answering questions does not create an attorney/client relationship. I only am your attorney if I have entered into a written contract, signed by me, wherein I expressly assent to be your attorney. Nothing I post should be construed as legal advice to be acted upon, it is merely a legal opinion.

Paul Hilmon Cannon

Paul Hilmon Cannon


or when no one is at fault...or a deer is at fault.


You need to review your auto insurance declarations page to determine the amount of your Medical Payments coverage. These are generally relatively low, with $5,000 to $10,000 being fairly standand. The amount listed on your policy is the maximum that your insurer would be requried to pay toward your treatment expenses. It is always best to attempt to have your health insurance pay any medical bills first and then use your Med Pay to cover your out of pockets and deductibles.

Best of luck,

Michael Lewis Eisner

Michael Lewis Eisner


From this fact pattern, I completely agree. I do not see any evidence of an uninsured motorist claim, only medical payment (or other no-fault coverages). While med-pay is general pretty low, I have seen State Farm policies with very large limits to cover the medical bills.


If Ohio is a liability insurance (at fault) state like Texas, then the only part of your auto policy that might provide coverage would be a medical payments or personal injury protection--and these tend to be small. Call your insurance, ask for the claims forms for pip and/or medpay and file a claim. Consult a local attorney to see if you have any further claims under your specific policy.


Your Medical Payments coverage with State Farm will pay for any accident related medical bills up to the limit of your coverage
. Other than that, I do not see you as having a claim against State Farm. There was no other uninsured vehicle involved here and you do not appear to be insured for collision coverage either, based on your statement.

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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

This ans. does not create an attorney/client relationship.

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