Can a Passenger Make a Claim Against Both Drivers’ Insurance Companies?
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Can a Passenger Make a Claim Against Both Drivers’ Insurance Companies?

by | Oct 5, 2020 | Firm News

About 4.4 million Americans were injured in car accidents during 2019, according to the National Safety Council. It can be a frightening, traumatizing experience to be involved in an auto accident. The mental, physical, and financial costs for many people can be overwhelming. You may have lost wages from your job and have significant medical expenses.

If you were a passenger in a vehicle involved in an accident with another vehicle, you want to know how you will be compensated for your loss. Key points to help you are discussed below.

The rest of the states are considered to be “tort liability” states, meaning there is no legal restriction on your right to make a claim against either the driver of the vehicle in which you were a passenger or the other car or truck. If the accident occurred in Vermont, you have the option to make a claim against all of the parties involved in the accident regardless of your injuries so along as they are partically negligent.

How the Accident Happened
The facts of the accident are very important in deciding whether legal action against one or both drivers is appropriate. If you were a passenger that was injured when your driver rear-ended another car stopped at a red light, you likely would not sue the second driver since they were not at fault.

You may want to sue them both if the accident was likely due to the acts of both drivers. For example, if one driver makes an illegal left turn and is then hit by a speeding vehicle, making a claim against both drivers would be appropriate.

Insurance Coverage and Availability
You should understand the different types of insurance policies that are generally applicable to car accidents. The four main policy types are:

Driver one’s auto insurance
Driver twp’s auto insurance
Your auto insurance
Your health insurance
You would make a claim against one of these policies to recover compensation for your injuries. Claims against either or both drivers’ insurance policies are called third-party claims. When you make a third-party claim against the policy, the company will determine if their driver is at fault and may offer you a payout.

If You’re Offered a Settlement
Before you take any payout, you should consult with a professional; a personal injury lawyer can help you ensure that you get a fair settlement. You should also know that insurance policies will only pay out up to their limit. For example, if your medical expenses from the accident are $150,000 and the policy limit is $100,000, you need a lawyer to make sure you receive compensation for your pain and suffering. Please call David Polow at [nap_phone id=”LOCAL-REGULAR-NUMBER-1″] for a free consultation.

Being involved in an automobile accident can be an emotional and physical ordeal. If you were a passenger in the vehicle, you should look into your options, which vary based upon the state, the facts of the accident, and the insurance coverage available. Consider consulting with an experienced personal injury lawyer for the best advice. And make absolutely sure your medical bills are paid in full before you settle your claim.