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Will my insurance co. pay my medical bill & my wife's medical bills plus pain an suffering if I was at fault in a car accident ?

Sacramento, CA |

We have full coverage insurance

Attorney Answers 11

Posted

Your carrier will pay both of your medical bills, in accordance with the P.I.P., Med-Pay and/or No-Fault provisions of your insurance policy. I don't believe you would be entitled to compensation for "pain and suffering" from your own policy, but I defer on that point to my esteemed California colleagues.

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Posted

Your insurance will only cover both of your medical bills if you had medical payments (Med Pay) coverage on your policy. It's a separate and inexpensive coverage we can all purchase, however many people don't since they do not understand what it is. Since the accident was your fault, your insurance company will not pay either of your pain and suffering. Good luck to you both.

I am licensed in California only and my answers on Avvo assume California law. The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.

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Posted

The term "full coverage" is an often misleading phrase. You should consult with a local personal injury attorney about the laws in California and whether they have a no fault law similar to Florida's...here medical expenses and lost wages are paid per claimant up to $10,000 whether they were at fault or not. Moreover ask the local attorney if California is a comparative negligence state or a contributory negligence state. If the former, even if initially you were deemed to be at fault, you may be able to collect for pain and suffering if the other driver is arguably at least partly at fault.

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Posted

Ms. Allen is 100% correct.

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Posted

If you have PIP or medical payments coverage, that will pay. But since you were at fault, neither of you are able to make a claim for pain and suffering. A wife cannot make a claim against her husband on the same policy.

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Posted

Medical bills will be paid. However, unless in California you can purchase optional passenger coverage as you can in Massachusetts and Rhode Island then you would not have a claim for pain and suffering. It seems that the California Attorneys on the board say no. I would defer to them but would also suggest you get a free consultation from a PI attorney in your area. Good luck.

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Posted

Submit to your MedPay to cover.

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Posted

Medical payments coverage in an automobile insurance policy is optional and usually very limited: $5,000 per occurrence is a common limit even with high liability limits. Many policies also contain reimbursement or co-insurance provisions. So, for example, if you have health insurance that will also cover you for the expense, you will not receive double recovery.

You will not be able to recover for your pain and suffering on your policy. In nearly all cases, neither would your wife be able to recover under your policy for pain and suffering for your at-fault accident. However, in very limited and unique circumstances, the mere status as “wife” may not deny her coverage for your negligence.

In this, as in all cases, you should personally consult an attorney for advice specific to your factual circumstances.

I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference

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Posted

Medical bills yes, pain & suffering - no.

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Posted

If you had Med Pay coverage, it will cover your bills and your wife's bills up to the amount of your coverage. If you were at fault, there will be no coverage for any pain and suffering.

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Posted

No. If you were at fault, your insurance company will not pay for your pain and suffering. Your wife should consult with a personal injury attorney about the viability of a claim against you as the negligent driver. She may well be entitled to pain and suffering and other damages caused by your negligence. The ability to sue a spouse is generally governed by State case law or statute. Consult an attorney in the appropriate State.

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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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