Being involved in an automotive accident can be a confusing experience. This situation is further complicated when the insurance companies do not agree about which driver is liable for the accident. However, as a passenger, you know that you certainly were not to blame for the accident. Fortunately, passengers involved in auto accidents have a number of options available to them.
Determining Fault
The first issue that the insurance companies will attempt to resolve is which party is at fault for the accident. They launch an investigation to make this determination that consists of the review of police reports, obtaining statements from the parties involved in the accident and talking to witnesses who observed the accident.
Filing a Claim against the Driver’s Insurance
If the driver who was driving the vehicle that the passenger was in is determined to be at fault, the passenger has the legal right to file the claim against the driver’s insurance policy. This allows the passenger to receive financial compensation for the injuries that he or she incurred in the accident. Liability coverage typically provides for the medical expenses, lost wages and pain and suffering up to a certain limit per person and per accident.
Special rules apply If the passenger is related to the driver. The insurance policy may not cover injured persons that are related to the driver because the claim would in essence be covering its own insured driver. An insured driver cannot usually file a liability claim against his or her own liability coverage
Filing a Claim against the Other Driver’s Insurance
If the other driver is found at fault, the passenger can pursue a claim against the other driver’s insurance coverage. Even if the other driver was less at fault than the driver with whom the passenger was traveling, he or she still has the right to collect compensation from the other driver because that driver shared in liability. However, the maximum amount of compensation that the passenger can receive is no more than the total value of the claim. Therefore, the passenger cannot collectively receive $60,000 of damages from the two insurance companies if the actual amount of damages was $40,000. However, if one driver did not have enough coverage to cover the entire amount of damages that the passenger incurred, the passenger can make up the amount of damages against the other driver.
Filing a Claim against the Passenger’s Policy
A passenger may also be able to file a claim against the medical payments portion of his or her own automotive policy. This type of coverage is not based on liability so it does not require the passenger to be at fault in any way. Pain and suffering is not usually included in this portion of the coverage. It also does not usually cover lost income or other expenses that are not related to the medical expenses incurred. A passenger who uses his or her own coverage should learn about the rules and processes related to this procedure. Normally, if a person collects under this portion of his or her own coverage and then later receives compensation from the driver’s insurance, the amount already received may be deducted from the liability settlement.
Passenger Liability
If the passenger is somehow found partially at fault, such as if he or she grabbed a hold of the wheel, his or her recovery can be reduced by the proportionate share of fault that he or she had in the accident. For example, if the passengers damages were $50,000 and he was found 10 percent at fault, the maximum recovery would be $5,000. This is the practice that most states follow. However, there are some states that follow different systems, such as not awarding any damages to anyone who was even remotely at fault for the accident.
Legal Assistance
Being involved in an automotive accident can be a difficult and confusing process. The victim’s first obligation is to take care of his or her own medical needs. Then, he or she may choose to consult with a personal injury attorney to learn about which insurance company should pay for the medical bills incurred because of the accident.
