Coverage Under Personal Auto Policy for Neighbor's Injuries
We are writing a personal auto policy that affords medical payments coverage for "necessary medical and funeral services because of bodily injury sustained by an insured person and caused by a car accident".
Our question involves the following scenario: The insured's neighbor offered to change the oil in the insured vehicle. The neighbor jacked the vehicle up and was twisting/pulling the oil filter when the jack slipped and vehicle fell on his leg, foot, and ankle. Claimant sustained an injury. Can the policy respond with med pay coverage?
Iowa Subscriber
Under medical payments, your policy will pay "…reasonable expenses incurred … by an insured person and caused by a car accident." Insured under this part includes, "Any … person while occupying your insured car while the car is being used … with your permission." Car accident is defined as "…an accident involving a motor vehicle, which is either unexpected or unintended, involving bodily injury or property damage…" Assuming the neighbor did not intend to cause injury to himself, the bodily injury which resulted was both unexpected and unintended. A car accident occurred which resulted in bodily injury. Occupying is defined as: "… in, on, entering, or alighting from." The neighbor was doing none of these; he was under the car when it hit him so there is no coverage under medical payments for his injuries.
In further reviewing, your policy promises to pay "damages for which any insured person is legally liable because of bodily injury and/or property damage caused by a car accident arising out of the ownership, maintenance or use of a car…" As discussed above, the definition of a "car accident" has been met. We cannot address the question of whether your insured is legally liable for the bodily injury that occurred. However, if local law would place liability on your insured, the policy has no exclusions to coverage for this claim.
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