The Role of Insurance Coverage in Passenger Injury Lawsuits
When you're involved in an accident as a passenger, things can get complicated quickly. Most people assume that drivers are the only ones dealing with insurance claims and legal battles, but passengers have their own unique legal paths to navigate.
Read on for your accident lawyer’s insights into the role insurance plays in passenger injury cases.
Who’s Responsible for a Passenger’s Injuries?
In a car accident, determining liability is the first step. As a passenger, you’re generally not responsible for the crash, but you may still suffer serious injuries.
The liable party could be the driver of the vehicle you were in, another vehicle’s driver or even a third party, like a municipality responsible for road maintenance.
Once fault is established, the next step is determining which insurance policies apply. Typically, the driver's insurance policy—whether it’s the driver of your vehicle or another involved in the crash—will cover your injuries.
As you can imagine, it’s rarely that straightforward. Insurance companies often try to shift blame or reduce payouts, which is why having a skilled accident lawyer by your side can make all the difference.
How Passenger Injury Claims Work
Passenger injury claims often fall under the Personal Injury Protection (PIP) or MedPay coverage in a driver's auto insurance policy.
PIP covers medical expenses, lost wages and sometimes other costs regardless of who was at fault.
MedPay works similarly but doesn’t cover as many categories. These policies ensure that a passenger can get immediate care without waiting for a liability determination.
However, to seek further compensation, you may need to file a liability claim against the at-fault driver.
In some cases, multiple insurance policies may come into play. For example, if the driver of your vehicle has insufficient coverage, you may be able to pursue claims against the other driver’s insurance or your insurance under Uninsured/Underinsured Motorist (UM/UIM) coverage.
What Happens When Multiple Parties Are Involved?
Things get more complex when multiple parties are involved in an accident. For example, if two vehicles are at fault, you might need to pursue claims against both drivers.
It’s also possible that the driver of the car you were in carries insufficient insurance. This can lead to disputes between insurance companies over who is responsible for paying your claim, which can significantly delay compensation.
That’s where an accident lawyer can be invaluable. We make sure your rights are protected and fight to get you the compensation you deserve, regardless of how complex the situation becomes.
What If the Driver Is a Family Member or Friend?
If the driver responsible for the accident is someone you know, e.g. a family member or friend, it can be tricky for your relationship. Filing a claim against their insurance doesn’t necessarily mean you will end up suing them personally.
In most cases, the insurance company will handle the claim, not the individual. It’s essential to focus on your recovery and let the insurance cover the damages without letting personal relationships complicate the process.
Speak with an accident lawyer today to protect your rights after a passenger injury!
