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Let's break down the question:

1. If the other party did not have liability insurance, but you had unsured motorist coverage, in theory you could make a claim against your own insurer.

2. The factors that your insurer would consider in evaluating the uninsured motorist claim include fault for the collision and the nature and severity of your injuries. These are the same factors that the other party's insurer would consider if he/she had liability coverage.

3. Most, if not all states require the registrant of a motor vehicle to have, at a minimum, :no fault coverage". This pays for a portion of your medical expenses and a potion of your lost wages if you are involved in a collision. Fault for the collision is irrelevant, hence the name.

4. There is no "co-pay" under auto liability coverage. The closest thing to it is that in some commercial liability policies, there may be a self-insured retention. This is the amount that the insured has to pay toward the other part's damages before the liability coverage is triggered.

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Q: Can you sue your insurance co for an accident where you were at fault but you were injured in that same accident and need medical attention will your co pay under your liability or is it on you?
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