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Does a passenger in a car accident have to file a claim with their own insurance company?

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  • When a passenger is injured in an automobile accident, and the driver of the automobile of which he/she is the passenger of, is "at Fault" for the accident, the passenger of that vehicle has the legal right to file a claim against that drivers insurance carrier. If on the other hand, the driver of the other vehicle is "at fault", then the passenger of vehicle that is "not at fault", has the legal right to file a claim against the other driver's insurance carrier. And whenever there are injuries sustained in an automobile accident, you should contact personal injury attorney or law firm to represent you against the filing of your claim against any insurance carrier. "At fault" accidents are not final just because a citation has been issued. When a carrier receives a claim against their company, they will launch their own investigation of the cause of accident, and review the police report, and speak with any independent and passenger witnesses who can provide statements concerning how the accident happened.


At the end of the carrier's investigation, which will also include, taking pictures of both of the vehicles damages, will compile all of the information they get, to try to determine at that point, who was at fault. If their insured is determined to be at fault, the carrier will pay the claim for which the passenger has filed against them. If the carrier determines that the other driver was at fault, then the carrier will not pay the claim and deny liability. If this happens, the passengers legal representatives will automatically withdraw their lawsuit filed on your behalf, and file the lawsuit against the other drivers insurance carrier.
  • I was in a one car accident where the car ran off the road to avoid hitting something. I was the passenger of the car. If my medical insurance from my job pay for the my hospital bills is the insurance company intitle to pay me back the money even though my insurance covered it
  • In the UK - the passenger would make a claim against the driver at fault. This driver would pass the details to his insurer who would indemnify him for the claim made against him. A passenger could not make a claim against his own insurer. To see the process for making a claim in the UK see the related link entitled "motor vehicle accident".
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