2002 #23a

[Examinator]

I'm sitting in someone else's (legally parked) car that I'm borrowing when I'm hit by a hit-and-run vehicle. I suffer injuries requiring $2,500 in medical expenses. What coverage pays, and why? My PAP is excess, and my friend's PAP is primary, of course. I would think that UM would pick it up. The CAS answer says that MP picks it up, and that UM would kick in on top (if necessary). If it's a hit-and-run, isn't it always UM?

[Colymbosathon ecplecticos]

Looking at the ISO forms it appears that Part B (Med Pay) pays medical w/o proof of fault. Part C (UM) pays only compensatory damages.

Since your claim is med only, claim under Part B. The policy is explicit about not double paying.

Interestingly, your friend's MP is primary and yours is excess to his (assuming he has an ISO PAP). This is also true for the UM layers, however they don't stack (you only get the larger of the two limits). My understanding is that this is against public policy in certain states and in those states UM does stack.

[Examinator]

So, instead of just hitting me and leaving me with $2,500 in medical expenses, what would the hit-and-run driver have to do for this to flip over to UM?