I was in an accident. The other driver at fault has no ins. Will my full coverage pay for pain and suffering for my passenger and myself?

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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: May 20, 2011

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Insurance Question from Congress Lake, OH

Asked on 05/20/2011

I was in an accident. The other driver at fault has no ins. Will my full coverage pay for pain and suffering for my passenger and myself? NULL

Answer given on May 24, 2011

Your auto insurance will pay for some of the injuries and damages to your car. 

If you have medical payments coverage on your policy, it will pay to the limit shown for each person in the car for medical expenses.  This is excess over any other collectible insurance, so if you or your passenger has medical insurance, it would apply first and the medical payments on the auto policy will pay for any excess or deductible.

If you have uninsured/underinsured motorist coverage, it will pay for injuries to you and your passenger.  Each insurance company files the rules by which this insurance can be applied, so you need to speak with your insurance agent and/or adjuster to see what they will cover.  It will not cover punitive damages or injuries, but it could apply to pain and suffering, if the limits are not used up for the medical expenses.

For damages to your car, the collision coverage, less the deductible, would apply to the car.  If you have uninsured motorist property damage, and the responsible party is identifiable, your deductible could be refunded.  Again, discuss this with your agent or adjuster.

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