Auto Insurance Claims: Bodily Injury Claim as Passenger not Driver, Bodily Injury Claim as Passenger

Question
Who is responsible for medical bills if I was injured in an accident in which I was the "passenger in someone else's car"?   I was riding home with a friend and it was raining when the driver lost control and crashed into a wall, causing damage to the car and personal injuries to me.  I was taken by ambulance to the hospital.  I had to have surgery to insert a rod and pins into my leg, which was broken in two places as a result of the accident.  

What is the claims process for my bills to be paid?  I just received the ambulance bill in the mail and I'm sure the Hospital bills will be coming soon.  Do I submit my bills directly to his insurance company?  His insurance has a limit of $25,000.  What happens when the bills go over that amount?  Who is responsible for the difference?  Would my Auto Insurance get involved to cover the difference?  Would my Health Insurance get involved to cover the difference?  Or, would I have to sue for the difference?  If a law suit would be required in this case, who would I be suing?  My friend (the driver) or his Insurance Company?

I am getting the run around when it comes to getting answers from his insurance company.  So please respond as soon as possible, as the bills are coming in now and I am positive that they will amount to more than what his insurance covers.

Thank You

Answer
Hello Linette,

The insurance company of the vehicle you were on at the time of the accident should cover your medical bills under the PIP or Medical Payments coverage. This is a first time coverage.

It's very hard to give you a straight answer as I do not know what the policy of the person who was driving says (or what your policy says).

If the PIP coverage is exhausted (often at $5,000 or less), then your own insurance policy (car policy) and/or your health insurance should kick in. Again, I do not know what your policy says, so you will have to check on that.

See more about PIP coverage here:

http://www.auto-insurance-claim-advice.com/personal-injury-protection.html

The bottom line is that the driver injured you (friend or not, sounds like this individual is negligent) and thus he personally may have to pay for that. So he will be the person to sue (unless there are other "drivers" or other vehicle's involved. Or there might be an issue with the road, the state, the owner of the wall, etc).

You will be entitled to make a pain and suffering claim and a bodily injury claim, see:

http://www.auto-insurance-claim-advice.com/bodily-injury-claim.html

You have very good questions, but they are a little difficult to answer without all other facts.

You are encouraged to talk to an attorney to clear up confusion. They can review your policy and help you on that.

I hope this helps,

Good Luck
Anne
http://www.quirogalawoffice.com/