Passenger Injury Claims After a Car Accident

How Does an Injured Passenger File an Insurance Claim?

If you're injured in a car accident while riding as a passenger, you may be unsure where to file an insurance claim to cover your medical bills and other losses ("damages"). In this section we'll discuss how to decide between:

• your own insurance
• the insurance of the person driving the other vehicle, or
• the insurance of the person driving the vehicle you were in.

We'll also explain when you should consider filing multiple claims to cover your losses. (This section assumes you don't live in a no-fault car insurance state—we'll discuss that situation below.)

When Should You File a "Third-Party" Insurance Claim Against the Other Driver?

If you make a claim under either driver's insurance coverage, it's known as a "third-party" claim. Most third-party claims seek compensation through the insured's liability coverage.

The big advantage of liability coverage is that it's most likely to fully compensate you for the losses you suffer in an accident. For example, you can receive money to make up for your pain and suffering, and for economic damages like lost wages.

The potential downside is that, like the name implies, you can only make a claim under a driver's liability insurance if that driver was at fault for the accident.

If determining liability becomes a sticking point, it may make sense to consult an attorney who can help you decide how to proceed with your claim. Or, if you have only minor injuries and economic losses, you could consider other options for compensation.

When Should You File an Insurance Claim Against Your Driver?

The first question to ask here is whether it makes sense to make the claim against your driver's liability insurance. The liability option has two important limitations:

• Just like with the driver of the other vehicle, you can only make a claim against your driver's liability insurance if they were responsible for the accident. Of course, it may be awkward to file an insurance claim against a friend or acquaintance, especially if they don't agree that the accident was their fault. You'll have to weigh those personal considerations against your medical and financial needs in the aftermath of the accident.
• You can't pursue a liability claim against the policy that insures you. If the driver was a close relative, like a spouse or parent, there's a good chance you're covered by their auto insurance policy.

If you can't (or don't want to) make a liability claim, you can see if you're entitled to compensation through the driver's Personal Injury Protection (PIP) or Medical Payments (MedPay) coverage. The advantage of these options is that, since you don't have to establish liability, you'll usually be compensated more quickly and with fewer administrative hassles. But the coverage they offer is less extensive than what you'd receive through liability coverage, both in terms of the kinds of losses they reimburse (you can't get compensation for "pain and suffering," for example) and the total dollar amounts of the coverage.

Learn more about PIP and MedPay, including who and what is covered and the differences between the two types of coverage (we'll also talk more about PIP insurance below, when we discuss how passenger-injury claims work in no-fault insurance states).

Can You Use Your Own Insurance to Cover the Costs of Your Injury?

You can always use your health insurance to cover treatment for your car accident injuries. You may need to pay your health insurer back if your medical bills are eventually covered by the at-fault driver's liability insurance, through an injury settlement or after a successful lawsuit.

You may also be able to cover some of your costs through your own PIP or MedPay policy, if you have one. As we mentioned above, it's important to be aware of the limits on PIP and MedPay coverage, whether it's yours or someone else's.

Can an Injured Passenger File Multiple Insurance Claims?

Injured passenger aren't required to receive all of their compensation from one source.

For example, let's say you're injured as a passenger in a collision between Driver A and Driver B. Both drivers share some of the fault for the accident. If Driver A's liability policy doesn't provide sufficient coverage for your losses, you could pursue a claim under the policy of Driver B for the remainder of your claim.

Remember, though, that you can't recover more than what your car insurance claim is worth—at least when it comes to compensation for bills stemming from your car accident injuries. One policy will be allowed to offset whatever amount you recovered from the other policy. In other words, you don't get to "double dip."

What Else Should an Injured Passenger Keep in Mind About the Claims Process?

It's a good idea to notify your own insurance company if you've been injured in an accident, even if you expect someone else's insurance to cover your losses. And remember that things will work differently if you're injured while riding as a customer in an Uber or Lyft vehicle.