Does bodily injury cover my passenger which is my son even if I have a liability only policy?

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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: Jun 15, 2010

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Insurance Question from Los Angeles, CA

Asked on 06/15/2010

Does bodily injury cover my passenger which is my son even if I have a liability only policy? I don't have a full coverage policy but a liability only policy and I was involved in an accident. From what I know, the Bodily injury portion would cover the medical expenses to the other party's vehicle but how about for the medical expenses for my passenger (son) as well?

Answer given on June 22, 2010

It depends on the wording of your policy.  If the accident was your fault, then your liability would cover your passenger IF your passenger has the ability to sue you.  Some policies specifically exclude liability coverage for members of your immediate family, under the presumption that your husband or your child or your parent would not file a lawsuit against you.  Read through the exclusions section of your policy; if there is no exclusion, then your passenger can make a BI claim against the policy. 


If you really want coverage for medical expenses for you and anyone who might be in your car, regardless of fault in an accident, what you need is Medical Payments coverage.  This coverage is usually inexpensive and will mean that you can always get medical treatment if you are injured in an accident, no matter whose fault it was.  And you don’t need to carry full coverage to get it!

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