Your Medical Payments Insurance

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You do not necessarily have to be in the car to collect under “medical payments.” The direct car insurance quotes and policy covers injuries caused by accident while in or upon, entering or alighting.

There is not much question about what “in” the car means. If you are driving or riding as a passenger, you are in the car. But when would you be considered “upon”? Just where does “entering” begin and “alighting” end? These are questions that even insurance officials disagree on. They have provoked many interesting court decisions.

Persons injured “upon” the car. If you are standing on the running board, seated on the fender, or jumping on the bumper, there is little doubt that you are upon the car. However, it is possible to give a much broader interpretation to upon.

Actual court case
A man heard a sound coming from the front of his car. He stopped to investigate. His bumper had fallen to the pavement and was hanging on one side. While tying up the bumper he was injured.

Decision
The Court held he was entitled to “medical payments” and said:
“Can it be said that the insurer attached to the words ‘upon’ a meaning so narrow as to encompass only such cases in which the entire weight of a person’s body was resting upon or supported by the vehicle?

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Considering the usual positions of a person in relation to a car in use and the fact that other enumerated risks include acts of being upon the automobile in the sense of resting upon or being supported by it, it is reasonable to give the term a broader meaning including some acts in which the person is in contact with the car.” Enter your zip code to compare direct car insurance quotes.

Persons injured “entering” the car. If you have one foot in the car or one foot on the running board—about to get in—few companies would argue that you were not entering. The coverage goes a little further than that, however. Chances are you would be considered entering once you came into physical contact with some part of the car and had the intention of getting in.

Actual court case
Several people had attended a wedding and started back to the automobile to return to their homes. All the car doors were locked. One plaintiff opened the front door with a key, leaned in to release the tab to the rear door; another was standing behind her holding the front door open; another had her hand on the handle of the rear door to open it as soon as the lock was released; and another was standing on or about the edge of the front door. All of them were struck by another automobile.

Decision
The Court said, “They had all completed their approach to the car, they were not coming up to it with the purpose of entering it, they had reached it, and they were actually engaged in the process of getting in.”
The Court held that the facts constituted “entering” within the meaning of the policy.



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