Can insurance company say they won’t pay medical bills because I was not on the policy even though the car was covered?

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Can insurance company say they won’t pay medical bills because I was not on the policy even though the car was covered?

My brother and I were in a car crash due to a blown tire. We went to the hospital to check that every thing was OK. After which the insurance company said they would not pay the medical bills because nether my brother nor I was on the policy. That my mother had failed to include that we were living with her. My mother does not speak English very well and she never recalls been asked to state that fact. Now the insurance company is sending her a check for the money she has paid. Can they do this or are they trying to get out of not paying?

Asked on January 17, 2012 under Accident Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I find it odd that the insurance carrier is sending your mother a check with respect to the auto premiums after an accident occurred where the insurance carrier refused to pay your and your brother's medical bills.

You need to carefully read the insurance policy that your mother received after she entered into a contract to pay for auto insurance in that its terms control the obligations owed to her by the carrier and vice versa in the absence of conflicting state law.

I would not have your mother sign anything sent to her by the insurance carrier of cash the check she received until after she consults with an attorney experienced in insurance law. From what you have written, it seems as though the insurance carrier is trying to find a way to get out of paying on the claim arising out of the car accident due to the blown tire.


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