Expert: Richard Hixenbaugh - 6/8/2010

Question
Ok, my Mom and I had borrowed each others cars one weekend. Mine is actually a SUV that she needed for driving over mountains with snowy conditions, so I was driving her car.
  I was stopping at a red light on a highway during rush hour with bumper to bumper cars. I was doing 20 mph when a small bus in front of me slammed on their brakes. The sun was setting in my eyes and I tried to hit my brakes but my foot slipped off the pedal. So I rear-ended the bus. My airbag didn't deploy but I got whiplash and a mid-back injury. It's a month later and I am still in pain and getting treatment. NOT even one person stopped to report what they saw as a witness, although several cars witnessed it happen.
  So my Mom's insurance is paying the medical bills, and will start giving my PIP payments of $200 per week. That is not enough to support my family as I make a lot more than that at my job which I currently am notable to work at.
   I have 2 questions:
1.# Can I collect PIP off of my own insurance policy with Geico while collecting PIP from my mom's insurance Sate Farm? Am I double covered and entitled to both or is it fraud to collect from both insurances?
2.) What about the other driver? Is she liable for anything? Is her insurance liable for anything?
  Extra info: No damage to the bus as it had a metal bumper which only had a tiny scratch of white paint from the car I was driving but no dents, etc. The few passengers on the bus are all ok #thank goodness!). My mom's car went under that metal bumper and it ended up totaling her car. I had no passengers with me.  This is the first car accident for me in the 16 years I have been driving.
  Any answers or clarification you can offer would be greatly appreciated!

Answer
Hi Sorena,

First, the other drivers insurance will not pay anything. You rear ended the bus so you are considered to be at fault for the collision.

You can not collect from two insurance policies at the same time. If you were to file a claim the likely result would be that they would coordinate payments and each would pay hald of the benefit. This would result in you collecting the same amount but simpoly from two different sources.

Unfortunately, in this case you sould do what your doctors tell you so you can recover as soon as possible and get back to work.

I hope this helps
Richard Hixenbaugh