Who is responsible for medical payments when a bicycler is hit by a car - auto insurance or health?
Question Details: My wife was hit by a car while riding her bicycle on the sidewalk. She needed surgery and now bills are really adding up. Our health insurance says the auto insurance is responsible and the auto insurance says our health insurance is responsible. We are constantly being handed back and forth should we seek out a lawyer and risk owing more money to more people? What steps should we take? Are we out of luck?
In Kansas the state law provides that the automobile policy of a person injured in an automobile accident is primary to address the injuries. Many states, but not all, require an insurance company to pay for medical treatment of an injured policyholder regardless of who is at fault. In such states, the law, like that of Kansas, most likely makes the automobile insurance company primary for the payment of medical bills to the extent of the policy coverage. In states that do not make the automobile insurance primary then the answer to your question lies within the terms of the respective policies involved. Most health policies state that injuries resulting from an automobile accident must first be addressed by the automobile insurance policy if coverage exists for the incident in question. The terms of your first party automobile insurance coverage should provide the terms under which the insurance is primary. To obtain a clearer understanding of your automobile insurance coverage visit with your insurance agent and have your agent explain the terms of the policy.
