Visitor Question

Injured in hit and run while driving my roomate’s vehicle?

Submitted By: Megan (Virginia Beach, VA)

I was driving my roommate’s car and was involved in a hit and run. The incident happened in VA but it is a NC policy. I was injured from the incident, got a concussion, and the car was totaled. My roommate’s insurance only had liability, Uninsured Motorist Property Damage (UMPD) and Uninsured Motorist Bodily Injury (UMBI).

The UMPD was not available because apparently in North Carolina you need to know/identify the at-fault party to receive compensation for the property damage caused by the at-fault party. I maxed out the MedPay on the policy. Can I still submit an UBI claim for the medical bills that were not paid by MedPay, and as well for my pain and suffering?

My health insurance covered a portion of the bills that were outstanding from the hospital, but did not cover all of them. I lost two days of work and was unable to do my normal physical activities for two weeks because of the concussion. I did have permission to use the vehicle at the time of the incident. Thanks for any info you can give.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Megan,

You can certainly file a claim under UBI for the remaining medical bills. As long as the policy hasn’t paid out the limits, you should be covered. Be sure to secure a copy of the police report. And you will also need copies of all your medical records as they directly relate to the car accident.

It’s important to know that whatever money you may receive under UBI may be subject to a lien from your own health insurance company.

If you look at your own health insurance policy, you will likely find there is an indeminifaction clause wherein you agree to reimburse your health insurance company if you receive compensation for your injuries from a collateral source.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: January 16, 2015

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