Expert: Richard Hixenbaugh - 12/28/2010

Question
My auto policy states that the med pay limits are $5000 and covers treatment rendered within one year.  My son has bills that are within the $5000 limit, but do go beyond the one year.  He was a minor at the time of the accident, and all information I can find on statute of limitations indicate the time limit does not start until the 18th birthday, but the insurance company denied payment of the charges incurred after the 1 year.  Why would the fact that he was a minor not increase the time limitations as it would for a liability or UM claim?

Answer
Hi Roger,

You are confusing two different things.

The statute of limitations is a limitation on ones ability to file a law suit. There are different statutes of limitation for different types of actions and for each state. These have nothing to do with contractual limitations ststed in an insurance policy.

The MED PAY limitation of 1 year is a contractual limitation stated in the policy. It sets a limit on how long treatment will be paid for after a covered accident. If you have medical bills that were incurred after the 1 year limit they will not be covered by your auto insurance.

If another person was at fault for the accident then you should seek a bodily injury settlement from that person or their insurance company. If not, then you can submit the bills to your individual or group medical insurance. Otherwise you would just pay the bills out of pocket.

I hope this helps
Richard Hixenbaugh