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Legal-Kal
Legal-Kal, Attorney
Category: Traffic Law
Satisfied Customers: 584
Experience:  Attorney at Law Offices of Khaled Issa
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Involved in t and run and assault by 3-4 spanic males. Never

Customer Question

Involved in hit and run and assault by 3-4 hispanic males. Never interviewed by police. Motorcycle insurance paid for bike repairs but declined medical bills. Now receiving bills related to incident and feel this is an egregious act by my carrier.
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Legal-Kal replied 1 year ago.

Good Morning:

My name is ***** ***** I would be happy to answer your legal problem today. First, I am sorry to hear about the incident with the assault. In situations like this (because the individuals were never identified, and correct me if I am wrong), you would be making what is called a "first-party" claim, i.e., a claim with your own insurance carrier. Which insurance company do you have?

Customer: replied 1 year ago.
I guess that may be my only option, or the fact that the police did not perform due diligence on their part, which may have prejudiced the carriers devision.
Customer: replied 1 year ago.
Foremost Insurance
Customer: replied 1 year ago.
Foremost Ins Co
Expert:  Legal-Kal replied 1 year ago.

Thank you for the information. In these types of situations (hit and runs), you would be allowed to make either an uninsured motorist claim or a medical payments claim.

There is a difference between the two, which is namely the limits of the policy, which I will discuss:

1) Medical payments- This covers ONLY the medical expenses incurred by you (regardless of who was at fault). These are generally limited to a relatively low amount, usually $1,000 to $5,000.

2) Uninsured Motorist- This is treated the same way a third-party claim is (i.e., who is at a fault) if the other party is at fault, then you would be entitled to all the compensation that is normally associated with a bodily injury claim (i.e, medical expenses, lost wages, pain and suffering, etc.)

What is important, however, is the actual policy you have (this would be the long contract you receive when you first purchased the insurance). This is because, with first-party claims, the terms of the policy bind you as it is a valid and enforceable contract.

In this case, there may be some type of provision that excludes payment under the policy (which I highly doubt). However, the only way to be sure of this would be to review your policy, which I would be more than happy to do.

Expert:  Legal-Kal replied 1 year ago.

Do you happen to know: what type of claim you filed and why the claim was denied or rejected?

Expert:  Legal-Kal replied 1 year ago.

Good evening:

It has been a couple of days since the last posting regarding your insurance claim issue. I am checking in on whether or not you have any follow up questions that I would be happy to answer? If not, please click "accept" so I may receive credit for my prior response. Thanks!