Can a Passenger in a Car Hit by an Uninsured Driver Get Uninsured Motorist (UM) Benefits?

If you suffered injuries in an accident caused by an uninsured driver, you may be able to recover compensation from an auto insurance policy’s uninsured motorist coverage, even if you are a passenger. Accessing that coverage may be more complicated for you than it will be for the driver of the vehicle you were riding in at the time of the accident.
Uninsured motorist, or UM, coverage is an optional portion of an auto insurance policy. While adding this coverage may increase the cost of your premium, it protects you from the mistakes of others. UM coverage stands in for bodily injury coverage in the event that the person who hits you has no insurance policy from which you can recover compensation. This coverage can cover economic losses, such as medical expenses and lost income, as well as pain and suffering. A similar type of coverage, called underinsured or UIM coverage, provides the same benefits in the event of an accident with a driver who has an insurance policy with low coverage limits.

Order of Responsibility

When you are a passenger involved in an accident, any auto insurance policy that you personally have is primarily responsible for covering your bills. Because you seek compensation from your own insurance policy first, it’s important to make sure that you have purchased enough UM coverage to protect your family. If neither you nor anyone in your household has an auto insurance policy, your claim would instead go through the policy of the driver of your vehicle, even though he or she was not at fault for the accident.

Determining exactly how you should go about seeking compensation requires a careful inspection of all insurance policies involved.