Legal Question in Personal Injury in California
While reviewing your bodily injury claim I noticed you�re a rated driver on the policy
which in turn makes you an insured person under the policy language. Bodily injury is a
third party coverage and does not apply to first parties, which you are; therefore, we
cannot assist you with your treatment costs under the bodily injury portion of this claim.
This was the letter I received. Can I file a case for Bad Faith?
2 Answers from Attorneys
Not by the sound of it. It sounds like you were hit by an uninsured driver or you caused the accident. Bodily injury coverage does not cover this. Medical Payments coverage may. And, if you were hit by an at fault uninsured or underinsured driver, you need that coverage for compensation (or you can sue the liable party without insurance, taking note you can't get blood from a turnip).
If you don't have un/underinsured coverage on your policy, it won't help you now, but you should get it immediately for the future.
Of course you can sue for anything you want, but you will lose. Bodily Injury coverage is insurance to protect YOU from paying for bodily injury you cause another person, not for bodily injury you suffer. You have no right to compensation under your liability policy for bodily injury someone else causes you. As the other attorney mentioned, that is what uninsured motorist coverage is for, among other things. If the other party was at fault and is insured, then they are covered for your injuries and you should submit a claim to them.
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