Being victim of a car accident can be confusing—especially if you are a passenger. You may not have an idea of which insurance covers you—your driver’s, the other driver’s, or your own? Here we break down your options and list the multiple ways in which you can file a claim:
The first issue that insurance companies need to resolve is which party is at fault. Accident attorneys usually launch an investigation that includes police reports, obtaining statements from the multiple parties involved in the accident, and talking to witnesses.
After investigation, if the driver of the vehicle is determined to be at fault, the passenger has the legal right to file a claim against the insurance policy of the driver. The passenger is entitled to receive financial compensation for all injuries. Liability covers medical expenses, pain and suffering, and lost wages among other things.
If you are a passenger and the other driver is found to be at fault, your driver has the right to collect reimbursement because the other driver shares liability. However, the maximum reimbursement that a passenger can receive cannot be more than the total value of the claim.
A car passenger may file a claim against his/her own car insurance policy. This coverage is not based on liability so the passenger need not be at fault. In such policies, pain and suffering is usually not covered. If the victim collects compensation from his/her own coverage and then receives compensation from the driver’s insurance, the amount already received may be deducted from the settlement.
Being the victim of an automobile accident can be difficult and overwhelming. It’s important to remember that even if you do not have car insurance, you can still get coverage under the insurance policy of the driver. The amount you recover will be based on the quantum of loss. For recovering the maximum compensation, it’s always best to seek the assistance of professional legal representatives.
Parties Represented by Personal Injury Lawyer Receive Nearly 3.5 Times More Money in a Settlement Than Those Without an Attorney.
– Insurance Research Council Study 2004