Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“My car has Allstate premium full coverage. We hit a deer but Allstate refuses to pay driver medical bills. This was an act of nature. Do they have the right to refuse?”
Are you trying to have your auto insurance cover the medical bills of a driver, who isn’t on the policy? It is unlikely they will cover this type of incident. If you were driving, medical coverage often covers the bills of your passengers, but not the other way around.
If the driver is on the policy, there are several types of auto insurance coverages, and the ones that are likely most applicable to this accident include comprehensive, medical, and collision coverage. Comprehensive insurance covers damage caused to your vehicle by another vehicle or person, e.g., if someone hits you from behind or vandalizes your car. Collision coverage, which is different, covers damage caused to your vehicle that results from collision with another car, an animal or stationary object. Medical coverage helps pay for medical bills resulting from an accident. While I’m not familiar with your particular policy, a key consideration in all auto insurance policies is to determine what is categorized as a “covered incident.” While you may think that any type of incident is covered, the policy will clearly define the types of scenarios that are and are not specifically covered by your policy. If your policy excludes medical payments from collisions with animals, then they can refuse coverage. An insurance policy is essentially a contract, and it’s important to go through it and understand all the exclusions and limitations within your policy. You may also try contacting your agent, who will be better able to explain the details about your particular policy.
