If you’re injured in a car accident as a passenger, your claim will likely be made against your driver’s insurance policy under their personal injury protection (PIP) plan. However, if your driver is not at fault for the accident, you may make a claim against the other driver’s insurance policy. In certain cases, you may also be able to file a personal injury claim in court against one or both of the drivers who were in the crash.
What to do Directly After the Accident
If you are a passenger in a vehicle that is a part of a car accident, it is important that you gather as much information as possible while at the scene of the accident. You will need the insurance information from your driver and all of the drivers who were a part of the accident. It is also a good idea to obtain a copy of the accident report and information from any witnesses. This will help you when you are filing a claim for any injuries that you have.
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Filing Insurance Claims as a Passenger
Here’s what to do if you’re injured in a car accident as a passenger. Your first step will probably be filing a claim with the driver’s insurance policy. The easiest way to do this is through the personal injury protection or medical payments portion of their car insurance policy. Several states are no-fault insurance states, so this is necessary to keep in mind. These states require that every driver carry this type of protection for any passengers in their vehicle. As a no-fault state, this is most often the route that you will take if you need help paying for any injuries that are a result of the accident.
If the accident occurs in a state where personal injury protection is not required, there is a chance that the driver does not have it. In such a case you may be able to file a claim through their bodily injury coverage.
The Other Driver’s Insurance Policy
If the accident was the fault of the other driver, you may be able to file a claim against their insurance. Each state has a minimum amount of insurance that a person must carry for their vehicle. Bodily Injury Liability and Property Damage Liability are two coverages that are a requirement in most states.
When filing a claim against the other driver’s insurance policy as a passenger in a vehicle, there are a few obstacles that you may run into. The first is that you may not be eligible for this coverage if your injuries do not meet certain statutes as set by no-fault laws. The second is that the driver may not have enough insurance to cover your expenses.
Additionally, it can be a hassle to go through the other driver’s insurance, because in many accidents the fault or a person’s level of responsibility for an accident may not always be clear. This could lead to a long process of trying to prove fault for the accident. This can become quite complicated, especially if there were multiple vehicles and drivers in the accident.
Your Personal Vehicle Insurance
Another option if you are a passenger in a car accident is to file your claim with your personal insurance. If you have personal injury protection, you may be able to use your own coverage to help pay your medical bills. The problem with this is that your rates may go up as a result of making a claim, which may seem unfair as you were not driving during the accident.
You may also use your own health insurance policy to help pay any expenses that result from the car accident. Using your health insurance can help to cut the costs of your medical care directly after an accident. However, it is important to note that if you receive a settlement or compensation from the insurance companies, you may have to pay your health insurance company back for any medical expenses that the company covered.
Legal Help After You’re Injured in a Car Accident as a Passenger
Navigating the aftermath of an accident can become quite complicated. If you are a passenger in a vehicle that was in a wreck, contact Ben Crump Law, PLLC at 800-601-7557 to discuss your case. We are glad to help you through the process of filing the right claims to help you get the compensation you deserve.