If you are injured in an auto accident and were not driving, there are a few different routes you can take to receive compensation for your injuries. This compensation can help to pay for medical bills and related injury expenses. Below we are going to take a look at how you can go about receiving compensation as well as some great tips to help you to get the most out of your claim.
Filing A Third Party Insurance Claim
The first step in filing a third party insurance claim is to determine who is at fault for the accident. In most cases, you are eligible to file a claim with the insurance company of the vehicle you were in, regardless of whether the driver was at fault. You can also opt to file an insurance claim with the company of the other driver who was at fault for the accident.
It’s important to realize that liability coverage for passengers can be insufficient to cover all of the medical costs that the passenger incurs from their injury. In this situation, the passenger may file multiple claims to receive compensation. However, all the claims paid out must not exceed the amount of money for the total medical expenses related to the passenger’s injury.
For example, let’s say a passenger files a claim for $20,000 with the insurance company for the vehicle they were riding in. The insurance liability maxes out at $10,000. The injured passenger can file a claim with the other driver who was at fault for the accident for the remaining $10,000. They may not sue the other driver’s insurance company for the $20,000.
What Happens If You Are An Insured Under The Policy?
You are an insured under the policy if you live with or are related to the policyholder in most cases. This will deem you unable to recover compensation from the insurance company of the driver that you were riding with. This is simply because as an insurer, you may not make a liability claim against your own insurance company. You may only seek compensation from another driver who was deemed at fault for the accident.
Filing A Claim Under Your Own Insurance Policy
It’s possible to file an insurance claim for your medical payments under your own automobile insurance company, even though you were not driving. It’s important to note that filing a claim with your own insurance company can only be done for the medical payments. This claim will not cover pain and suffering as well as any other non-medical expenses related to your injury.
This is always an option for those who are having trouble reaching a settlement with other insurance companies. Although you cannot get everything reimbursed, this is a solution to help pay for your medical bills until you reach a settlement. You should realize that when the other insurance company(s) reach a settlement amount, they will deduct the amount of money that you received from your own insurance company from the settlement amount.
What To Do When Insurance Companies Won’t Settle?
There are many reasons that other insurance companies involved may not settle or may initially settle for less than you are owed. In cases where there are multiple vehicles at fault for the accident, each insurance company is only going to initially offer the percentage of the total amount of your injury costs they believe their insurer was at fault for.
For example, if you are filing claims with two other drivers who were at fault for the accident, each may only pay 25 percent of the total amount. This leaves you with 50 percent of the injury costs outstanding until a court of law makes a final judgment about the percentage of fault that both parties obtained. You can speak with an personal injury law firm to help to expedite the court settlement.
In the event that multiple passengers were injured due to another driver’s fault, it can turn into a tricky situation. Since there is a coverage limit for the vehicle insurance policy, the policy will have to be divided up among those passengers injured in the accident. In most cases, this is less than what the injury-related costs are for each passenger. You should speak with an personal injury attorney to help you to reach a settlement amount from the insurance company quickly.
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