had a bad car wreck..need advise

R

Roger35

2,500+ Posts
i was in a bad car accident driving from tennessee to chicago friday nite on I 65..i must have nodded off while driving for a second there, before i knew it the car went off the hwy and hit a huge tree..totalld the car..i was taken to a regional hosp..have multiple rib fractures and contusions but luckily no major organ injury..was dischargd from the hosp yesterday.
the car is registerd under my sister but i ve been drivn it since my car s being used by my wife right now..both me and my sister have seperate car insurance coverage for this car..my questions are:
1. will both or either insurance cover for the damages and compensate?or is it only the registerd owner s insurance liable for the coverage?
2.. will either insurance cover for the hospital and ambulance charges?
3. the officer on the case told me that i shud nt have any problem with insurance covern since i was not under the influence nor did i hit anyone else..is that tru?
4. my sister s ins' agent has a very good relationship with her practice corporation, and my thinkn is that at the end of the day it boils down to the discretion of your ins' agent..
what do ya'll think? any advise reg how to handle this situation would be greatly appreciated in these rough times..
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You were liable for the accident. Your sister voluntarily relinquished care, custody, and control of her vehicle to you. Your liability insurance should pay to repair her asset that was lost.

BTW, get well soon. We'll miss you on the West Mall.
 
I don't think that is correct, TxSt. I think the driver's insurance is "primary," then the car owner's insurance would cover, if the primary does not for some reason.
But if you only have liability insurance, and you are at fault, the liability insurance would not cover the damage to your vehicle. And medical is an extra add-on, so unless you had comprehensive to cover the car, and medical to cover your injuries, there would be no monetary settlement, IMO.
Is this correct? Maybe the driver and relative both had comprehensive and medical coverage, but I don't know.
 
accurate-

I would agree with that, were the vehicle being operated at the time a rental.

There is an argument often asserted by carriers that, for a bodily injury claim arising from these facts, that the driver's own UIM coverage would be primary (although it is my position that this was negated by American Motorists Ins. Co. v. Briggs, 514 S.W.2d 233 (Tex. 1974), a UM case that held that the other insurance provisions prescribing primary and secondary coverage are invalid & both carriers are jointly liable to the extent of their respective limits (but no double recovery)).

However, for purposes of the property damage claim, I am pretty certain that the vehicle coverage is primary. That is the certainly the position that I have always operated under for the past 14 years of practice.

However, I readily admit that I am not by any stretch of the imagination an expert, and if wrong, would definitely like to know. You learn something new every day, and if this is one of them, I'd sure like to know, because I want to make sure I'm doing right, too!
 
If your sister purchased collision coverage along with her liability coverage, property damage to her auto would be covered under her policy less the deductible. That coverage would be the primary coverage. If her car was furnished or available for your regular use, then there would not be coverage for the property damage to her car under your policy you have on your car because the collision portion of your policy does not provide collision coverage to any vehicle you do not own which is furnished or available for your regular use. Likewise, there would be no coverage under the liablility portion of your policy because the liability portion of the policy excludes damages to any vehicle you do not own which is furnished or available for your regular use.

If your sister purchased medpay coverage in addition to liability coverage on her vehicle, then her policy would pay the usual and customary charges incurred for medical expenses up to the policy limit (usually about $5000). Even if you paid for medpay coverage under your personal policy for your car, there would probably be no coverage because her car was furnished or available for your regualr use.

If either you or your sister purchased personal injury protection coverage in additional to liability coverage, then I think you could receive your PIP benefits under both policies up the their policy limits. I do not think the PIP portion of the policy excludes non-owned vehicles available for your regular use.
 
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