Med Pay Coverage for a Go-Cart Accident?

Our insured recently submitted a claim for injuries to their minor son. The son, age five, was operating a motorized co-cart (has four wheels), when he was struck by a vehicle. The insured submitted medical bills for payment under the medical payments coverage of the personal auto policy. However, we do not believe that the med pay coverage applies because the go-cart is not a covered auto. What is your opinion?

Maine Subscriber

We agree that the med pay coverage does not apply in this accident. The fact that the go-cart is not a covered auto is perhaps one reason. If the go-cart is owned by the named insured or if it is furnished or available for the regular use of the family, and it is not a covered auto (as defined on the auto policy), then exclusion 5 would apply and prevent coverage. In addition to this, an insured is defined as a family member while occupying a motor vehicle designed for use mainly on public roads. A go-cart is not really designed for use mainly on public roads, so that would mean the child does not meet the definition of insured for med pay coverage in this instance.

 

 

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