When you are the passenger in a car accident, you may worry that you're not covered for injuries sustained. You are, but it will depend on several factors to determine who you claim through and what legal options you have. Here's a look at your rights if you're a passenger in a car accident.
No Need to Prove Liability
It will actually be easier for a passenger to claim in most cases. There's no need for you to prove liability, as you were not the one driving the car. All you will need is to prove the costs.
Make a Claim Through the Drivers' Insurance
You will need to claim through the person at fault of the accident. In some cases, this is harder to tell and it will be up to the insurance companies to determine this. You have the right to make the claim as a third party, and you will be covered. This is the main reason insurance is a legal requirement; to make sure those not at fault are covered.
It may be that two claims need to be made. This covers expenses should one person's insurance not have enough liability to pay out. The second claim is only to make sure you are not out of pocket, and not to claim double your injury costs.
Where the accident was clearly one driver's fault, you will start with their insurance policy. If it is unclear whose fault it was, you can start with both at the same time and allow the companies to decide.
Being Related to the Driver
You may not be able to claim under the driver's policy if you are related and living with them. This is because you will be included within the policy itself, so not a third party. There may be another section of their policy that will pay out in the terms of an accident, or you may need to claim through the other driver.
Some policies will have a "med pay" section, which you can claim for your medical costs under. Only your medical bills will be included in this.
There are times that these cases are taken to court. You can take the drivers to court too, if neither insurance policy is willing to pay out. Passengers may be stuck when insurance companies can't decide who is liable, and it is up to a jury to decide. Remain patient, you will not be left out of pocket forever. Contact lawyers like James Lee Katz in your area to begin the process.Share