Expert: Richard Hixenbaugh - 12/30/2009

Question
QUESTION: Based on the police report, the hit and run driver get caught for hit and run and also DUI. There is no liability insurance listed on the report. He is not the registered owner of the vehicle. He is at a 100% fault.

I don't have pip coverage. My insurance representative advised me to have my private insurance to cover for my medical bills and they will go after the other driver. My insurance adjuster is still investigating whether or not the driver or the registered owner of the vehicle has liability insurance.

My question is that what if the driver and the register owner don't have car insurance, will my private health care pay the full cost of medicals bill and how are they going to go after the liability party?

Since I don't have pip coverage under my policy and if the hit and run drive doesn't have car insurance, when it comes to settlement, will my insurance settle my case or I will have to sue the other driver for settlement?

What if the driver doesn't have car insurance but the registered owner does, are they the one who is liable for it?

Please advise.

ANSWER: Hi Vinh,

Your private medical will cover your medical bills as any other illness or injury. You will be responsible for any deductible and co-insurance payments.

You will have to pursue the at-fault driver and the owner of the vehicle. If you receive any settlement, your private medical insurance will have to be reimbursed from that settlement amount.

If you have collision coverage, your auto insurance will cover te damage to your car less your deductible. Your auto insurance will then pursue reimbursement from the responsible party.

I hope this helps
Richard Hixenbaugh

---------- FOLLOW-UP ----------

QUESTION: Thank you for the information.

If the at fault driver and the owner of the vehicle don't have coverage. Will my insurance settle my case when it comes to settlement or they only just cover the damage to my car?  

Answer
Hi Vinh,

If you have collision coverage, your company will pay to repair your car. As far as your injuries are concerned you should check your policy to see if you have Uninsured Motorist Coverage. If you do then you can pursue a settlement with your insurance company. However, even if you do have Uninsured Motorist Coverage, you company will not pay you medical bills as they are incured. You will still have to have your private medical insurance cover the medical expenses. After all of your treatment is completed, you will negotiate a settlement with your insurance company. Then you will reimburse your private medical insurance out of that settlement. You should talk to your insurance company to see what coverage you have.

I hope this helps
Richard Hixenbaugh