Legal Question in Insurance Law in Illinois

My 15 year old was on his bike and hit by a hit-and-run driver. Our health insurance has refused to pay all bills since we won't give them our auto insurance policy so they can make a claim for payment. I understand they type of insurance we have where they can make a claim for Med Pay/PIP first but I would think that would be for if we are in our automobile and get hurt in some way. My son doesn't even have his drivers permit and it has nothing to do with our automobiles. I was told that by the health insurance making a claim my rates "may or may not" go up but my discounts could certainly be taken away. Why and how is this legal for them to do? Why do I have to pay for my health insurance (the only one offered through work) and then pay more for my auto insurance when it has absolutely nothing to do with my auto? Someone please help me because I really don't want to give them my auto policy if this isn't right - which I can't believe it is but I only have another month or so before the 6 month deadline of contacting them with any info before the case is closed and they will never pay the medical bills.


Asked on 2/08/12, 11:48 pm

1 Answer from Attorneys
Stephen Messutta

Your Illinois auto insurance policy should have uninsured motorist and medical payment coverages. Start by looking at your declarations page and if you're not sure what you have, ask your agent. Uninsured motorist insurance is insurance you pay for to cover damages you or your insureds (including usually members of your family or household) suffer from uninsured motorists. Your policy should include "hit and run" drivers as "uninsured" for this purpose. Ask your agent whether putting in a claim under that coverage would result in a "ding" from the insurance company. As to medical payments, that is a contractual obligation for the insurance company to pay, very likely in this kind of circumstance. You may not even be taking advantage for your son's benefit, insurance you've paid for. And when you indicate to a health insurer that the claim is based on "third party liability" they want to know if there is ANY insurance out there, that they may have the right to seek benefits under.

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Answered on 2/11/12, 12:17 pm


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