Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 15, 2010

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Insurance Question from Kansas City, MO

Asked on 07/15/2010

Driving mom’s MO insured car had accident in MO (I live in AZ)sister was passenger (AZ resident also). We were both hurt and mom's policy is paying medical bills. I was determined at fault even though my word against other driver....I got the ticket. Question is can we claim against mom's BI coverage or can only my sister since she was passenger and I was driver. Sister hurt much worse then me but she wasn't wearing seatbelt correctly. I had the only airbag.

Answer given on July 21, 2010

Insurance follows the car, therefore your mother’s insurance is paying medical payments on your injuries and your sister’s.  The liability portion covers any injuries or damages your mother is considered legally responsible to pay.  Since you were driving, the liability portion would not cover your injuries unless your mother’s car was partially responsible for the accident, due to poor maintenance or unsafe conditions.

If you have a separate auto insurance policy you may be able to collect medical payments coverage for your sister’s injuries.  Your sister can also attempt to collect for her injuries under your mother’s policy or yours, if your mother’s policy declines coverage.  You, your sister and your mother should speak with your individual insurance agents to try to coordinate the insurance protection to cover you and your sister as best as possible.


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