If my son was in someone's car, and they had a accident and the car only had liability insurance, can my insurance company6 be sued in order to help pay medical expenses

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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: Jul 8, 2019

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Insurance Question from North, SC

Asked on 07/08/2019

If my son was in someone's car, and they had a accident and the car only had liability insurance, can my insurance company6 be sued in order to help pay medical expenses My son was in an accident , in someone's car. They only had liability Insurance. He was hurt pretty bad. The owners insurance will not cover my son, so my lawyer said he wants to sue my insurance company. Can they do that? My insurance is already very expensive.

Answer given on July 12, 2019

If your son was only a passenger in the other person’s car, there is no liability responsibility for your son to others either in the same car or the other car.  If your insurance provides medical insurance coverage, then it will pay up to that limit.  If the person driving the car that your son was in, and caused the accident, their liability insurance should pay for his injuries, up to the “per person” limit.

Your auto insurance may also cover “uninsured/underinsured motorist coverage”. Again, if the accident was caused by the driver of the car your son was in, or even the other car if they didn’t have enough insurance, then your uninsured/underinsured coverage should pay something.  These are not items that should affect your automoble insurance rates.  Contact your insurance agent or insurance company to file a claim.  If there is a police report provide that report number to assist the insurance company in settling the claim.  It may not pay for all injuries, but it will certainly help.

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