5 Facts To Know When You've Been Injured In A Car Accident As A Passenger

17 May 2016
 Categories: , Articles


If you are riding with a friend in their car and an accident occurs, who pays for your medical expenses? Just because you weren't driving and you don't own the car, it doesn't mean that you aren't covered. Check out these five facts you should know if you've been injured in a car accident as a passenger.

The At-fault Driver Is Still Responsible for Your Medical Bills

Even though you weren't driving during the accident, the driver who is found to be at-fault for causing the accident is still responsible for your medical bills. Make sure you get all the necessary information from any involved drivers because you'll need to file a claim with the appropriate insurance carrier yourself. It doesn't matter if your driving companion is also filing a claim, you need to make your own to get reimbursement. If the accident occurs in a state that has a no fault clause, however, you would file a Personal Protection or No Fault claim.

There Can Be Multiple At-fault Drivers

Of course, many car accidents are not cut and dry. In many cases, one driver is not found to be 100 percent responsible for the accident. One driver may be found 70 percent responsible and the other driver involved is 30 percent responsible. For example, if the driver of your car was speeding when another car ran a stop sign and crashed into you, both drivers may be found somewhat responsible. That is why it is important to get the contact and insurance information of every driver involved. File a claim with all the insurance carriers right away. They will determine who is at fault and pay you accordingly.  

You Can Seek Additional Reimbursement From The Driver Who Wasn't at Fault

Even if one of the drivers isn't at fault, you may still be able to get some additional reimbursement from their insurance carrier. This depends on the extent of your injuries and the maximum payout on the insurance policy. The insurance may have a maximum payout of $100,000, but if your injuries exceed $100,000, you can file a claim with the insurance carrier of the driver who wasn't at fault. That way, you can get reimbursed for every penny you are owed.

If You Have Auto Insurance, You Can Seek Faster Reimbursement

This may sound a little weird, but even if you weren't driving, you can file a claim with your own auto insurance company if you have a policy with someone. The benefit of doing this is that you'll get reimbursed faster. Before the insurance carriers of the drivers will pay you, they'll need to determine who was at fault, which may take time. However, your auto insurance will pay you quickly because they know you weren't responsible. The downside to doing this, however, is that there is a high deductible, and you'll only qualify for medical payment coverage.

If You Were Working, it's a Workers Compensation Claim

If you were a passenger in a car while performing work-related duties, such as driving to a meeting, the injury would be handled through workers compensation. However, this is only the case if you were working during the accident. If you and a coworker were heading to get lunch, you are not considered working. If your coworker caused the accident, you probably can't file a claim against your coworker because of your employer's liability insurance. However, if another driver caused the accident, you can file a claim with their insurance carrier. In many cases, you can file a claim with their insurance and file workers compensation. You'll have to repay any workers compensation if the auto insurance does reimburse you but only for covered services (i.e. not pain and suffering because workers compensation doesn't cover pain and suffering).

When you're injured in a car accident when you are a passenger, it can be confusing, but you should know that you are not responsible, and you have a right to receive reimbursement. For more information, contact a car accident attorney in your area today. 


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