Legal Question in Insurance Law in Pennsylvania

Hit and run

My 14 yr old was on a dirt bike and hit by a car. We never found the car that hit him. My medical insurance, Capital Blue Cross, won't pay the claim because they said i have to submit it to my auto insurance. Is this true? If so why? There is no auto insurance on the dirt bike.


Asked on 6/24/04, 11:20 am

4 Answers from Attorneys

William Douglas Douglas Law Office

Re: Hit and run

I sorry to hear about the injury to your son, I hope his recovery is coming along.I beg to differ with my collegues. Because your son was on a motorcycle, he is specifically excluded under the Pennsylvania Motor Vehicle Financial Responsibility Act for first party benefits (i.e. medical payments) therefore, your health insurance is primary and is required to pay the medical expenses in accordance with the contract with you. If they continue to give you problems give me a call or send me an e-mail. Also, additional benefits may be available to your son.

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Answered on 6/24/04, 2:34 pm
Richard Teitell Richard K. Teitell, Esquire, P.C.

Re: Hit and run

I agree with the reply you received from Mr. Douglas. The dirt bike is considered like a motorcycle & therefore your auto insurance will probably not pay for the medical bills. As a practical matter, you can make the claim to your auto ins co, obtain a written denial, & submit a copy of the denial to your health ins co. This shouldn't take too much time. In fact, you can tell the auto ins co what you're doing & why.

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Answered on 6/24/04, 10:15 pm
Michael Monheit Monheit Law

Re: Hit and run

Yes. You need to submit this to the MVA insurance because this is a motor vehicle accident, and under PA law, that coverage is primary.

If you have further questions, please call me at 215-840-6573.

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Answered on 6/24/04, 12:29 pm
Scott Diamond DIAMONDLAWYER

Re: Hit and run

you need to get a denial and then submit it to health. You also have a claim (potentially) for your son under your own auto coverage (a um claim) It will not raise your rates. However, the policy language must be looked at carefully

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Answered on 6/24/04, 12:29 pm


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