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I was injured in a car accident while in my friend's car as a passenger. I was told that my medical expenses can be covered by my daughter's car insurance policy because I am a "relative," is that true?

 

A:

The fact that you are a relative does not automatically trigger coverage from your daughter's car insurance policy; however, you may be covered by your daughter's car insurance policy if you live with her and are a member of her household.   In addition, you must not have your own car insurance policy for your daughter's car insurance policy to provide coverage.

Related: PA Car Accident & Insurance Law - Who Is Eligible To Receive PIP Or Medical Benefits?

Basics Of PA PIP Coverage After Car Accidents

A basic background of PA car accident and insurance law - PA is a no-fault state.  What that means is regardless of who caused the accident, injured drivers/passengers' medical expenses are covered by their own car insurance policies.  The specific coverage that applies is medical benefits or PIP benefits. 

Therefore, if you have your own car insurance policy, your medical expenses are covered by your own policy.   You would need to call your car insurance company and make a PIP claim, and your daughter's policy would not apply.  If you go to a physician to seek treatment, you must submit your car insurance policy information and not your health insurance.

If you do not have your own car insurance policy, you may be covered under your spouse's car insurance policy because you would be considered as an "insured" under the policy.  Therefore, you must provide your spouse's car insurance information when you seek medical treatment. 

Your Daughter's PIP Coverage Applies

If you do not have your own auto insurance policy and are not married, your daughter's car insurance policy may pay for your medical expenses if you live with your daughter.  Under Pennsylvania law, you are considered an "insured" under your daughter's car insurance policy if you live and reside with her.

If you frequently visit your daughter on the weekend, you will not be covered under her car insurance policy.  If you live there on the weekends and reside in your own home, you will likely not be covered either.  You must reside in the household. 

There are very limited circumstances where your daughter's policy pays for your medical expenses even if you don't live with her, such as an insurance agent's mistake or vague policy language/terms.  Careful investigation and inquiry of the facts surrounding the case must be conducted in order to determine coverage.

Your Friend's PIP Coverage

Lastly, if you do not have your own car insurance policy and no other applicable policies apply, your friend's PIP coverage pays for your medical expenses.

Feel free to give me a call to discuss your case further.  877.944.8396


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