My boyfriend was driving my car in PA and another insured driver was cited at fault for totalling my car.My boyfriend suffered a

Asked about 4 years ago - Springfield, PA

unknown internal injury & had to be taken to the ER by an ambulance and undergo many tests and treatment. My car only has the very minimum insurance required by PA, as well as limited tort. He does not own a car, and therefore has no auto insurance. If he resides in my house would my insurance be responsible for his medical costs even though he is not a named insured on my policy? If he lives with his parents in NJ, but is not named on their policy either, would he be under their insurance? My boyfriend wants to sue for pain & suffering, but how is his tort option figured out if he has no insurance of his own? I want to call the at fault driver's insurer & have them pay for my car damages (& get a rental from them). Would my boyfriend need to get a personal injury for his seperate claim?

Additional information

Also, let's say the driver who hit me does not have enough insurance to cover replacing my car? I don't have uninsured/underinsured coverage, so how would I collect the remaining worth?

Attorney answers (3)

  1. Eric John Purchase

    Contributor Level 12

    Answered . It is possible for someone to reside in two households but not typical. So, I can't rule out the possibility that your boyfriend is a resident of both your household and his parents' household. That having been said, the priority of coverage begins with "Named Insured" and from your description he is not a named insured. It then moves to "An Insured." From your description, he is not a resident relative of yours even if he lives with you because "boyfriend' does not qualify as relative. He would, however, qualify as a resident relative of his parents if he lived with them and if they were in PA. However, I can't be sure from your description if he lives with his parents. Also, I am not licensed in NJ and so can't comment on their priority of coverage rules. So, he might be an insured on his parents' policy and they might have the primary coverage. The next category of priority applies to occupants of an insured vehicle, i.e. your coverage. So, if he doesn't qualify as "an insured" on his parents' policy then he will be entitled to first party medical coverage under your policy.

    The circumstances you describe do not suggest that your boyfriend is subject to limited tort.

    Your boyfriend should see an experienced local personal injury attorney for a more detailed response and for help in preparing his claim.

  2. Lars A. Lundeen

    Pro

    Contributor Level 20

    Answered . As a permissive driver of your car, your boyfriend is insured for liability, uninsured/underinsured motorist coverage, medical payments coverage or similar coverage if you have paid the premium for this type of coverage. He may well be insured under his parent's automobile policy for uninsured motorist/underinsured motorist and possibly medical payments coverage, depending upon the wording of the policy.

    Your boyfriend should not give any statement to the adverse insurance carrier nor should he grant them access to his medical records. Your boyfriend should immediately seek a free consultation with a personal injury attorney in the area where the incident occurred.

    Do Not Delay in Seeking an Attorney.



    Legal Disclaimer:

    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 insure proper advice is received.

  3. Francis P Hajek

    Pro

    Contributor Level 7

    Answered . Your boyfriend needs to consult a lawyer to see what insurance coverage is available for his personal injury claim. How much coverage is available will depend on the language of he policies.

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