Visitor Question

Animal Causes Rollover Accident…

Submitted By: Lonnie (Hillsboro, Missouri)

Recently while driving in the mountains my wife swerved to miss an animal and ran off the road. We ended up in a roll over accident in which my neck was broken in three places. I wore a neck brace for 6 weeks and am out of it now as the doctor said my neck is healing on its own. Our daughter (age 32) ended up with a huge lump on her forehead and bruises. No one else was hurt much.

Our insurance agent said that our daughter would receive a check and in addition they would pay her medical expenses. The agent also indicated that I would receive a check over and above my medical expenses. I was told this over the phone shortly after I got home from the hospital. I was on pain pills at that time and am not sure what was actually said.

I do not want to call the agent up and ask what they said concerning this so my question is, Am I entitled to a check for personal injury, and if so, how do I know about what is reasonable? Do I deserve an amount for pain and suffering? My medical bills should be about $25,000 to $30,000. Since it’s our own insurance company and no other cars were involved, are there any special issues I should be aware of? Thanks.

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.


Dear Lonnie,

From the facts you present it appears you and your wife had personal injury protection (PIP) and medical payments (medpay) insurance. Both MedPay and PIP will pay your medical bills and those of your wife regardless of fault.

MedPay generally covers reasonable expenses for medical, surgical, dental and chiropractic treatment, as well as hospitalization, ambulance services, X-rays, nursing services, prosthetic devices and funeral services.

PIP covers the same services as MedPay, as well as psychiatric, physical, occupational therapy and rehabilitation, plus any other professional health services spelled out in a policy. In addition, PIP will cover your lost wages and those of your wife, including reasonable costs other than medical and work-loss expenses.

When it comes to car insurance, the state law for Missouri requires a minimum coverage of $25,000 for Bodily Injury Liability per injured person. It also requires up to a maximum of $50,000 per accident. The minimum state requirement for Property Damage Liability coverage is $10,000. This type of coverage is generally referred to as 25/50/10 coverage.

The State of Missouri does not require a driver carry PIP. Additionally, making a claim against your PIP policy can not adversely affect your premium.

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: July 1, 2013

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