Claiming on med-pay and an own UM policy after a hit-and-run

Q: Does uninsured motorist coverage apply to a hit-and-run?

Yes. O.C.G.A. § 33-7-11 deems a vehicle uninsured where the owner or operator is unknown, which covers a hit-and-run. Recovery in that situation is subject to conditions set out in the statute.

Q: Can a passenger claim on both the vehicle's med-pay and their own UM policy?

They are separate coverages doing different jobs — medical payments pays expenses without regard to fault, uninsured motorist responds to the unidentified driver. Both can be in play, and each has its own requirements.

Q: Does a medical payments insurer get repaid from a settlement?

Often it asserts a right of reimbursement from a later recovery. Asking the insurer to confirm its position in writing before settling avoids the issue arising afterwards.

Question

I was a passenger in a relative's truck when we were hit in a hit-and-run. I am covered by her medical payments coverage, and I also have my own policy with uninsured motorist cover. I have been to hospital and am finishing chiropractic treatment, and I am ready to send a demand letter. Should I send it to both insurers?

A. Jason Velez · Accepted Answer

Yes, both — but they are different claims, and the uninsured motorist one has conditions that a hit-and-run makes urgent. Medical payments coverage on the vehicle you were in pays medical expenses regardless of fault, up to its limit. It is not a liability claim and it does not require anyone to be blamed. Uninsured motorist coverage is what responds when the at-fault driver cannot be identified. O.C.G.A. § 33-7-11 provides that a vehicle “shall be deemed to be uninsured if the owner or operator of the motor vehicle is unknown” — which is precisely a hit-and-run. But the statute then makes that recovery subject to conditions, and the conditions on an unknown-driver claim are where these claims are most often lost. They typically involve prompt reporting and a specific procedural step, and they are not the same as an ordinary claim. So the sequencing matters more than the letter. Confirm what your own policy requires for an unknown-driver claim before the demand goes out, because a demand does not satisfy a condition. One more point: medical payments coverage that has paid your bills may have a right of reimbursement out of any later recovery. Knowing that before you settle avoids an unpleasant surprise afterwards. ## What you can do 1. Read your own policy's uninsured motorist section for what an unknown-driver claim requires, and by when. 2. Confirm the hit-and-run was reported to police and get the report number. 3. Send the demand to both insurers, but treat them as separate claims with separate proofs. 4. Ask the medical payments insurer in writing whether it asserts a right of reimbursement. 5. Speak to a Georgia attorney before settling either claim, because one can affect the other. ⏱ Time limits apply. O.C.G.A. § 9-3-33 requires actions for injuries to the person to be brought within two years after the right of action accrues. Waiting also costs evidence — footage is overwritten and memories fade — so the practical deadline is usually much earlier than the legal one. A Georgia attorney can tell you quickly how the facts here line up, and most will look at a matter like this at no cost.

Claiming on med-pay and an own UM policy after a hit-and-run

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