Your Rights as a Passenger in a Car Accident

Learning about your rights when you are involved in a car accident can be confusing. You may start to feel bad about filing a claim against the driver of the vehicle you were traveling in. However, you should remember that you’re not taking any personal action against them. All that you’re doing is protecting your rights to be compensated for any harm you experienced in the accident from the insurance company.

Most people have a general idea about what they should do after they have been involved in an accident, but it can get confusing for passengers. Are their injuries going to be covered? Whose insurance is going to be paying for the medical bills? To answer all these questions, we are going to be sharing what your rights are as a passenger in a car accident.

What You Should Do If You’re in an Accident?

You have to take care of yourself and seek medical attention for injuries that you may have after an accident. You need to collect information, since you may have a separate claim from the driver’s claim. So make sure that you document and collect as much information as you can for filing your claim. Here are some of the steps you should take after you’ve been in an accident:

  • See medical attention
  • Write it down
  • Get the police report
  • Avoid discussing accident details or injuries with other drivers `
  • Consult with an experienced personal injury attorney

Once you’ve taken the necessary steps, you can stake your claim and file your insurance claim against the driver in an accident.

Whose Insurance Pays If You’re Injured?

As a passenger, you have several options available to you for seeking compensation after an accident. You may have a claim against the driver of the car, the other driver, or your own insurance. A driver’s bodily injury liability insurance will only cover medical expenses, rehabilitation, lost wages, pain, and suffering up to the limits of the policy.

You can claim damages from both drivers, if they shared liability, and if you have serious injuries that resulted in medical bills and other expenses that exceed the coverage limits of both drivers. For example, if the damages amounted to $50,000, the total amount that you can get from both insurance companies, as a collective, can’t be more than $50,000.

If the driver has an optional medical payments policy, you can be eligible to receive compensation for reasonable and necessary medical expenses with this coverage. The medical payments coverage is not based on fault, and will only cover medical expenses. You may be required to make a claim through the medical payments section of your own car insurance policy for any amount remaining in damages above the amount you receive from the driver’s insurance company. You can ask your insurance agent for more information about this option.

Filing a Passenger Injury Claim

A passenger injury claim will be handled the same way as other types of injury claims. You can make a claim against both drivers if it’s been determined that they caused the accident. You should ask for each driver’s information at the time of the accident, including the following:

  • Name
  • Contact information
  • Insurance company
  • Insurance policy number
  • Description of vehicle

When you’re making a claim, you don’t need to provide a recorded statement. At this point in the claims process, you should contact a lawyer who can help you negotiate a fair settlement.

If you have any questions, please ask below!