QUESTION
What’s the next option I can use if my aunt won’t let me use her insurance?
Asked on May 09th, 2013 on Personal Injury - New Jersey
More details to this question:
I was in an accident and was also the passenger. I talked to my lawyer earlier today and was told "Since, I don't have any auto-insurance my next option is to use a blood relative of mine insurance to pay for my medical bills, which would be my aunt that I live with”. Let's just say she wasn’t too thrilled about that option and the answer turned out to be a no, even with her knowing that her rates will not go up.
7 ANSWERS
Lisa Hurtado McDonnell
Were you hurt in her car? If you were you can file a claim with her insurance. If you weren't then file a claim with the owner of the car what you are a passenger in.
Answered on May 14th, 2013 at 5:24 AM
If you were the passenger, then one or both of the drivers have liability and you do not need to have insurance to qualify for obtaining payments for medical bills. You probably will have to have the medical bills paid on a lien basis [from your eventual settlement]. I do not see how you can use someone else's medical insurance.
Answered on May 14th, 2013 at 4:32 AM
James Eugene Hasser
Talk with your lawyer about it. You may be a defined insured under her policy which would entitle you to make a claim directly.
Answered on May 10th, 2013 at 1:20 PM
Animal & Dog Bites Attorney serving Draper, UT
at
William R. Rawlings & Associates, LLC
Update Your Profile
There is a saying in the Insurance Industry. "Insurance runs with the vehicle involved in the accident." If your aunt was not at fault for the accident, then you can make a claim against the responsible party. If the responsible party does not have insurance, then your ONLY recourse is to make an uninsured motorist claim under her policy. However, if your aunt WAS at fault, your only hope for a claim is with your Aunt's policy. She should check with her agent to see if this claim would be considered a "non chargeable accident" , which would not affect her rates. Note, though, all insurance policies are different.
Answered on May 10th, 2013 at 1:20 PM
Personal Injury Attorney serving Charlotte, NC
at
Paul Whitfield and Associates P.A.
Update Your Profile
If you were a passenger you have a claim against the driver of the car and the owner of the car. You can sue them both if they were negligent and the negligence caused your injury. Your lawyer knows all this
Answered on May 10th, 2013 at 1:19 PM
Ronald A. Steinberg
I do not believe it is a "blood relative." I believe it is a RESIDENT RELATIVE. In other words, you have to be living in the home with a relative who owns an insured car. This sounds like a Michigan accident.
Answered on May 10th, 2013 at 1:19 PM
Bankruptcy Law Attorney serving Livingston, NJ
Partner at
Law Office of Stuart M. Nachbar, P.C.
2 Awards
In New Jersey, if you live with you aunt, then her insurance is on the hook under PIP.
Answered on May 10th, 2013 at 1:18 PM