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Smart Shopper Questions About Auto Insurance & Accidents
4409 messages, Last post on Nov 29, 2009 at 5:58 AM
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From Edmunds Answers, someone's passenger undoes their seatbelt to grab something, and the driver wrecks. Who pays for the medical diagnostic to check out the passenger's head? Steve, visiting host |
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Interesting question...at least in GA, there could be multiple answers...I'll try some of them... 1. Most likely the driver is charged with fault in the wreck, altho the passenger has contributed to the wreck (I am assuming the driver lost control because of the passenger's actions), and it may be possible that the passenger could be ticketed with some kind of reckless action...if the driver is faulted, then the driver's medpay would be one source of payment for meds... 2. Assume same as above, the passenger MIGHT recover from the driver's liability policy, but if the passenger literally caused the wreck, the liability carrier may refuse to pay... 3. If the passenger has their own medpay, and the driver can prove he has none, then the passenger medpay will pay... 4. If the passenger has group health insurance, then his group will pay the diagnostic bill...if the passenger recovers from driver's liability policy, then health insurance will subrogate...if no recovery, then health insurance becomes provider of last resort... 5. If driver was driving illegally as an uninsured motorist, and passenger has no auto insurance (may not own a car, and would not have auto insurance), and is unemployed and has no health insurance, then it depends on how nice the hospital is, or whether or not there appears to be a true emergency...if an emergency, hospital would do all that is necessary regardless of ability to pay...if NOT an emergency, hospital is not required (I believe this is right) to provide unlimited services is there does not appear to be an emergency... 6. Not knowing the circumstances, maybe passenger unbuckling had nothing to do with causing the accident, and their car simply got rearended by another driver...assuming the other driver is insured, they are liable, at least in GA...all the medpay info as stated above, along with group ins would stay the same... It is kinda like a flow chart...1. At fault driver insurance pays...2. Victim driver's medpay pays...3. Passenger medpay pays...4. Passenger group hlth ins pays...5. Passenger pays out of pocket and pursues all at fault parties...6. Passenger sues and gets judgment against at fault driver for $100K...7. At fault driver comes to scuzzy bankruptcy lawyer like me (...  ...), we file Chapter 7 and wipe out the debt...Passenger now sucks wind forever...    Passenger cannot afford medical debt for wreck that was not his fault, cannot recover from at fault driver due to Chapter 7, so now Passenger seeks out scuzzy bankruptcy lawyer (I wonder who???)and he now files Chapter 7 to get rid of his medical debt... Who wins in this entire mess???...why, the scuzzy bankruptcy lawyer, who else???...now you understand how the world goes 'round... Does that help???...
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Replying to: steve_ (Aug 01, 2009 7:25 pm) What part of the Drivers anatomy did the passenger grab? 
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Replying to: euphonium (Aug 01, 2009 8:07 pm)
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Replying to: marsha7 (Aug 01, 2009 8:00 pm) In a no-fault state (or country, like Canada), would it matter a whit? |
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Replying to: euphonium (Aug 01, 2009 8:07 pm)
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Replying to: marsha7 (Aug 01, 2009 8:13 pm)
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| I reciently had both my vehicles sittting in my driveway when a bad hail storm came through and sharp hail hit hard on my vehicles. each vehicle had over $1,000 damage each. Both windshileds recieved approx. 100 chips, Progressive denies the windshiled claims stateing hail cannot damage a windshield and after fighting with claims rep. now want to cover only one windshield stating chips were caused by stones flying of a truck and charge me another $100 deductable. Progressive seems to have their own policies and only pay for what they want - BEWARE and Warned! Both vehicles recieved the same chips at the same time in same place, maybe a "truck" flew in my driveway at same time hail storm came through and hit my parked cars, anything possible - Right ? Any suggestions out there? | |
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Replying to: emmett96 (Aug 03, 2009 9:42 pm) http://www.metacafe.com/watch/1775973/hail_damage_windshield_in_bad_storm_scary_- awesome_raw_video/ http://www.metacafe.com/watch/2632429/huge_hailstones_smash_windshield_pounding_- my_vehicle/ There are a lot more of them here http://www.bing.com/videos/search?q=windshield+hail+damage&FORM=BVFD and here http://www.metacafe.com/watch/2632429/huge_hailstones_smash_windshield_pounding_- my_vehicle/ tidester, host SUVs and Smart Shopper |
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Replying to: emmett96 (Aug 03, 2009 9:42 pm) I'd have to see a photo of the damage before giving any kind of opinion. If it's tiny, itsy bitsy little gouges in the windshield, then I'd agree with the agent. But you know, that's just my two cents. I just can't get my head around a small ball of ice causes a tiny pin-prick type of chipping.
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