Expert: Bennie719 - 2/20/2008

Question
I am trying to determine if my Bodily Injury coverage 100/300 will cover 2 of my passengers that were injured and did not have medical insurance.

I was in a weather-related accident where my truck slid off the road and flipped.  No other vehicles were involved.

I have medical coverage but it is only $5000 per person but one of my passengers has serious injuries which require her to be in the hospital for 30 days before being put into a rehabilitation center for months.  She is the passenger that is in need of being covered by my Bodily Injury Coverage.  Additionally, they are exploring options to find out if they are covered by their own auto insurance.  I expect they are seeing if their Underinsured Motorists insurance will cover some of the medical expenses.

I use Farmer's insurance and I am trying to determine if Bodily Injury will cover my passengers.  Additionally, one of the passengers which is the husband of the seriously injured woman has had to take off work and has been through significant mental anguish while caring for his wife.  His only medical bills include a checkup and x-rays to make sure everything was ok.  Is he available for additional compensation?

Answer
Hi Roger,
I'm sorry to learn of the injuries to your friends.
In most states, anyone except your spouse can file a bodily injury claim against you and your policy if there was a degree of negligence against you in the accident.  Since the accident was a solo loss of control type accident, there is no question that there is a degree of negligence against you.
The seriously injured passenger can collect up to the maximum limits of your policy, depending on the severity of her injuries.  Depending on how cooperative Farmers may be in offering a fair settlement, she may need to secure an attorney.
Her husband also has the right to file a claim for the loss of consortium.
I hope this information has been of help.  Please write again if you feel that I can be of more assistance.
Your feedback by rating my answer will be appreciated.
Sincerely,
Bennie
San Francisco Bay Area