Legal Question in Insurance Law in West Virginia
Car Accident Fees
Who is responsible for hospital, etc. fees from a car accident if the person is a passenger? My nephew was a passenger in a car accident and now is being harrassed by hospitals, etc. He is the only one out of three (3) that the insurance company will not cover his expenses. The driver got a new car, his expenses paid and the other passenger's hospital bill was paid. Is bankruptcy the answer? He desparately needs help with this.
1 Answer from Attorneys
Re: Car Accident Fees
Assuming a passenger in an automobile did not contribute to the cause of the accident; he or she is entitled to recover medical expenses, lost wages, pain and suffering and other damages from any and all of the persons who caused the accident. Recovery is not limited to responsible driver's medical payments coverage, which is what insurance companies use to limit payments. The liability insurance limits held by all persons responsible for the accident can be made to make compensation. If that compensation is insufficient to make the victim whole, then the victim can look to his own policies and other policies applicble. That is, recovery could also be had from the passenger's own medical payments carrier and also from any medical payments carrier covering any adult resident in the same household as the injured passinger. Of course, an injured victim may also look to any private health isurance which may be applicable for reinbursment of medical expenses. If an injured person was on the job at the time of an accident, workers compensation will pay medical expenses.