BLOGS

Your friend offering to drive seemed like a great idea, a chance to catch up and relax. But there was an accident and you sustained injuries. You are hurt and don’t feel good and on top of it, you are confused about what legal process to follow. Should you file a claim with your insurance? Your friends? But the accident wasn’t his fault. Now, what should you do?

Who Is At Fault?

When you are a passenger, the driver of the vehicle is responsible for your well-being. If they cause an accident or do something that causes you to sustain an injury, they bear responsibility, and their insurance will cover your expenses. In theory.

Filing a Claim Through the Driver’s Insurance

The driver’s insurance policy has a portion specifically covering injured passengers. If you are the injured passenger, you file a claim against the driver’s insurance policy and will be reimbursed for medical expenses and perhaps lost wages. Maybe.

Filing a Claim Against the Other Driver 

If the other driver involved in the accident is at fault, you will file a claim against their insurance policy. They caused the accident so they should pay. Right? 

Filing a Claim on Your Own Insurance

Filing a claim against your own insurance may not seem like an obvious choice. After all, you weren’t the one driving. Although filing a claim against your own insurance will cause your rates to go up, it may be worth it to get the bills paid. But this isn’t your only choice. 

Obstacles You May Face

Are the driver’s insurance limits enough to cover your expenses? How many people sustained injuries in the accident? 

In some states, drivers only need to carry $25,000 per person and $50,000 per accident in insurance coverage. With a 5-night hospital stay averaging $10,000, the benefit coverage may be exhausted before your bills are even touched. 

And let’s be honest. Dealing with insurance companies is the worst. Insurance companies will do absolutely anything to not payout on a claim. If you can not decisively prove who was the guilty party in the accident, they are not going to payout. If you can decisively prove who was the guilty party in the accident, they will tie you up in months, if not years, long-drawn-out process. 

Give Yourself the Best Chance

As a passenger who was injured in an accident, to have the best possible chance at getting the necessary compensation to cover medical bills and/or lost wages, you need to know your rights.  

Finding a team to help you build a case, gather evidence, and even file claims may be necessary. 

Was the driver a friend, co-worker or family member? It may be best to let a professional personal injury lawyer help you navigate your unique circumstance. 

You didn’t choose to be in an accident but it happened. Now may be the time to contact a Personal Injury Team like Costa Ivone!