Winning in Civil Court

« Back to Home

What To Know When You're The Passenger In An Auto Accident

Posted on

If you've been injured in an auto accident and you were the passenger, getting your settlement can be tough because you have to wait for the dust to settle and someone to be found responsible. If you've been in an accident and don't know what to do, check out these five important facts. They'll give you a little info on what you can expect.

The Driver Who Caused the Accident Is Responsible for Your Medical Bills

The insurance provider of the person who caused the accident is the one who pays for damages and medical expenses, including medical expenses for any passengers. You'll need to gather the insurance information and file the claim yourself. In the event you live in a no fault state, you would file a Personal Injury Protection (PIP) or No Fault claim against the driver. No fault refers to insurance where the individual's personal car insurance pays for their damages and injures, even if they aren't at fault.

One Insurance Policy May not Cover Your Medical Expenses

If your medical expenses exceed $100,000, but the at-fault driver's policy only covers $100,000, you won't get all the money you are owed from that driver. However, as a passenger, you have a right to be made whole again after your accident, so you can get the rest of your money from the other driver's insurance carrier. This is why it's a good idea to initially file a claim with both insurance carriers, so you can get your settlement fast.

Both Drivers Can Be at Fault for the Accident

Another reason you should file a claim with both insurance carriers is that both drivers may be at fault. In some cases, the drivers are equally at fault, and in other instances, one driver is more at fault than the other. If this is the case, your settlement will come from both insurance carriers. For example, if both drivers are 50 percent responsible, you'll get half of your settlement from the insurance of the driver with whom you were riding and the other half from the other driver's insurance.

You Can Seek Medical Payment Coverage From Your Carrier

Settlements take time, especially if both parties are claiming the other is at fault. If you need money fast to pay for your medical expenses, you can seek reimbursement from your own auto insurance. You'll qualify for medical payment coverage, which only covers medical expenses. However, medical payment coverage has a high deductible, so it may be best to just use your normal health insurance. If you do seek medical payment coverage, the amount you receive will be deducted from any future settlement from an insurance carrier.

If You're Related to the Driver, Your Options Are Limited

Sometimes, the driver with whom you are driving is someone who lives with you and is related to you, such as your parent or spouse. If this is the case, you probably won't be able to file a liability claim against that insurance carrier. The reason is you are probably already considered an insured party under the policy, and insured people cannot file liability claims against the insuring policy.

An auto accident is a stressful time, and if you are a passenger in the car, you are forced to wait for your settlement while the at-fault driver is determined. If you've been injured in an auto accident as a passenger, don't hesitate. File a claim against both insurance carriers, so you can get the settlement you need for your medical expenses. For more information about auto accidents, contact a personal injury attorney in your area today. You can also click here to read more


Share