What Injured Passengers Should Do If Involved in an Accident

An automobile accident can cause confusion. The situation becomes more complicated when insurance companies disagree on who is responsible for the accident. As a passenger, however, you are aware that you were not at fault for the accident. Passenger involved in an auto accident have many options.

How to determine fault

Insurance companies will first attempt to determine who is responsible for the accident. To make that determination, they launch an investigation. This includes reviewing police reports and obtaining statements from all parties involved in the accident. They also talk to witnesses who witnessed the accident.

How to file a claim against the Driver’s Insurance

The passenger can file a claim against the driver of the vehicle in which he or she was riding if the driver is found to be at fault. The passenger can receive financial compensation for any injuries sustained in an accident. The liability coverage covers medical expenses, lost wages, pain and suffering for a maximum of one person per accident.

There are special rules if the passenger is related or dependent on the driver. Because the insurance policy would be covering the insured driver, it may not cover any injured passengers. In most cases, an insured driver cannot file a claim against the coverage that covers his or her liability.

How to file a claim against the insurance of another driver

Passenger can file a claim against insurance coverage if the other driver is found to be at fault. The passenger can still seek compensation from the other driver even if the other driver was more at fault than the passenger who was traveling with him. This is because the driver shared in the liability. The maximum amount of damages a passenger can receive from the two insurance companies is $60,000 if the actual value of the claim. If the actual damages were $40,000., then the passengers cannot receive $60,000 in damages from both insurance companies. If the actual damages were $40,000., then the passengers can collect the damages from the driver who did not have sufficient coverage.

How to file a claim against the Passenger’s Insurance

The passenger may be able file a claim against his or her auto policy’s medical payments section. This coverage does not depend on the passenger being at fault. This coverage does not cover pain and suffering. This coverage does not typically cover lost income, or any other expenses not directly related to medical expenses. Passenger who has his/her own coverage should be familiar with the procedures and rules. Normally, if someone collects under this part of their own coverage and later receives compensation through the driver’s insurance then the amount received could be taken from the liability settlement.

Passenger Liability

The passenger can have his or her recovery reduced if the accident is partially caused by him or her. If the passenger’s damages are $50,000 and he or she is found 10% at fault, then the maximum recovery would be $5,000. This is the standard practice in most states. There are however, some states that have different systems. For example, not awarding damages to anyone even remotely responsible for an accident.

Legal assistance

An automobile accident can cause confusion and make it difficult for victims. First, the victim must take care of their own medical needs. To determine which insurance company should cover the medical bills incurred as a result of the accident, the victim may consult a personal injury lawyer.

Updated 01/19/22