How can we claim benefits when accident occurred in Asia? 13 Answers as of February 17, 2012
My husband and I were on honeymoon in Asia. While there we took a cab to do a little shopping. Our cab was struck by another vehicle from behind, causing my husband to have a total of 4 surgeries to his back and myself some serious scarring to my face (it was smashed on the window which shattered) . Although I do understand the laws requiring personal injury protection and bodily injury protection that is purchased through Mass Policy, I do not know what we can do since this accident happened in Asia. We are both still recovering from this accident, my husband is basically only going to doctor's appointments he has yet to work since our return sometimes the pain is so unbearable that we have to have nurses come to our home to do his physical therapy. I have been asked by the doctor's to stay home as well. Medical bills are piling up and it seems as though this situation will get much worst before it gets any better.Free Case Evaluation by a Local Lawyer!
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David F. Stoddard | David F. Stoddard
I would have to read your Mass Policy to tell you how to collect on it. You mention Personal Injury Protection. Most PIP policies pay up to a small amount (1,500 to 5,000) for a personal injury regardless of who is at fault. As far as collecting for you significant damages, including pain and suffering, you may have to hire an attorney in the country where the accident occurred and hope they have laws that allow accident victims to recover damages from negligent drivers like we have in the USA. Laws that many special interest groups, including the Chamber of Commerce are trying to water down, if not abolish!
Answer Applies to: South Carolina
Replied: 1/5/2012
Paul Whitfield and Associates P.A. | Paul L. Whitfield
You are controlled by the law of the jurisdiction where the accident occurred you would be well advised to seek counsel there. Surely there are En glish speaking lawyers in that location who would be willing to help. I don't know what "Mass Policy" refers to.
Answer Applies to: North Carolina
Replied: 1/5/2012
The Law Offices of Paul A. Samakow, P.C. | Paul A. Samakow
You are out of luck. American insurance policies do not cover accidents in other countries.
Answer Applies to: Virginia
Replied: 1/5/2012
Lombardi Law Firm | Steve Lombardi
File the claim under your own auto insurance policy in the good old USA. Otherwise hire a lawyer in whatever city you were in at the time of the accident.
Answer Applies to: Iowa
Replied: 1/4/2012
Adler Law Group, LLC | Lawrence Adler
Unfortunately you will need to hire a lawyer in Asia to pursue the at fault party pursuant to their laws.
Answer Applies to: Connecticut
Replied: 1/4/2012
Ford, Howard & Cornett, P.C. | Bradley Cornett
If you have automobile insurance, you should check with your own insurance company to see if the accident may be covered by any MedPay (medical payments) and/or UM (uninsured/underinsured motorist) coverage.
Answer Applies to: Alabama
Replied: 1/4/2012
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
Besides checking for and using all of the coverage availabe per travel insurance, I would suggest that you contact an attorney who handles international law. My feeling is that you are going to find there is little or no money available from either of the drvers.
Answer Applies to: California
Replied: 1/4/2012
R. D. Kelly Law Firm, P.L.L.C. | Robert Kelly
If you had the optional "Personal Injury Protection" (PIP) type of insurance, it might cover your medical bills. Suing whoever was at fault usually involves bringing your action where a defendant lives or where the injury occurred. Perhaps you should try to find out how they do that where you were in Asia.
Answer Applies to: Washington
Replied: 1/3/2012
The Carlile Law Firm, LLP | D. Scott Carlile
If your own personal insurance provides personal injury protection (PIP), med pay, or underinsured/uninsured (UI/UIM) coverage you may be able to collect on your own policy.Call your insurance agent and ask about those coverages.
Answer Applies to: Texas
Replied: 1/3/2012
Ewusiak & Roberts, P.A. | Christopher J. Roberts
You should have a lawyer in your area look at your auto insurance policy, and even your homeowner's (or renter's) policies. There may be coverage for some of your losses depending on the specific terms of those policies.
Answer Applies to: Florida
Replied: 2/17/2012
The Margolis Firm | Charles J. Candiano
Given the severity of your injuries, you should consult a personal injury attorney. You do not even specify which country you were in. You will need the contact information for the cab company, the vehicle that hit you, and the travel agency that planned your trip. There are too many variables and unknowns to comment further.
Answer Applies to: Illinois
Replied: 1/3/2012
Allen Murphy Law | W. Riley Allen
You need to check with your own uninsured motorist/underinsured motorist coverage as that may prove to be the only remedy. The laws overseas are totally different country to country and the likelihood of recovery directly from the perpetrator is not typically great.
Answer Applies to: Florida
Replied: 1/3/2012
Law Office of J. Michael Gatien | J. Michael Gatien
Investigation is need to determine if your auto policy may cover this. Do you have Uninsured Motorists coverage on your auto policy? Otherwise, you will need to retain an attorney in that country.
Answer Applies to: Ohio
Replied: 1/3/2012
