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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 |
Attorney answers 11


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.


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.


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' 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.


Ms. Allen is 100% correct.


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.


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.


Submit to your MedPay to cover.


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.

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Medical bills yes, pain & suffering - no.


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.


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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