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Can a passenger in an uninsured vehicle that was at fault sue the driver of the vehicle that was hit?

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2005-03-19 22:31:03
2005-03-19 22:31:03

Only if the other driver was At Fault. If the driver of the uninsured vehicle was at fault, the injured person would have to recover damages from them.

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No. No fault means exactly that. The driver not responsible for the accident cannot be held liable for injuries to any passengers in the at fault vehicle.

Collision insurance will cover the damages to your vehicle- no matter who is at fault. Uninsured coverage is used if the other vehicle is at fault for the accident and you and/or anyone in your car is injured. This coverage will typically pay for related medical bills, loss wages, and general damages (i.e pain and suffering). Liability = Other vehicle damage Injuries to driver/passenger in other vehicle Injuries to passengers in your vehicle if you are at fault Collision/Comprehensive = Cover damages to your car Uninsured/Under-insured = Injuries to you or your passengers when another vehicle is at fault and does not have insurance or has minimum coverage

Are you saying that you are uninsured, and the drunk was at fault, if simply due to the fact that you were uninsured (and of no fault whatsoever), you have to pay for his vehicle? NO, the ''at fault/negligent" party is liable/responsible for the damages they caused due to their neglience. Subject to any laws in your state barring uninsured drivers/owners from recovery of damage. But just because you are uninsured (if not at fault) you are not responsible for the drunks damages.

The driver. Even though the driver didn't have anything personally to do with it, the driver is responsible for the vehicle, incl the passenger(s) and what they might do.

Even if a driver was uninsured, the driver who was at fault is responsible for paying for repairs. Not having insurance does not take away responsibility.

The at fault driver is responsible regardless of who has or does not have insurance. You were at fault, you get the bill. Fortunately though you have insurance. So they get the bill.

They can pursue him civilly, and the not at fault driver can also sue for damages.

this is tricky, dependant on the state laws...you are driving an uninsured vehicle, you have insurance on another vehicle of your own, you get into an accident that is your fault...the owner of the vehicle is a passenger in the car and is injured...your policy should step in and cover this uninsured vehicle (assuming you have collision coverage on your policy) you chose to drive, (doesn't matter you didn't know it was uninsured) and if your neglience resulted in this passengers injuries your policy will likely pay for their injury subject to any exclusion in the policy.....sorry.....

Underinsurer or uninsured Property damage coverage pays for damage to your vehicle if another vehicle is at fault for the accident but is uninsured or underinsured.

The injured party should seek compensation from the driver of whichever vehicle was at fault for the accident.

If there was another vehicle involved and the accident was that driver's fault you can file a claim through their insurance. Otherwise, the only other place to go is through your insurance. You can use your medical coverage (if you have it) and you should have "uninsured motorist bodily injury" coverage that you can use.

Both the "Driver and the Vehicle Owner" can be held jointly and severally "Liable" for an accident. If the driver of your vehicle was at fault and had the permissive use of your vehicle, Both the driver and the vehicle owner can be sued for damages and injuries. The driver, If at fault, would be financially liable because he was the direct cause of the accident. The vehicle owner is financially liable because of fault through the owners negligence in allowing an uninsured driver to operate your vehicle. The legal rational being that had you not allowed this uninsured person to operate your vehicle, the accident would never have occurred. So the owner is also a direct causation factor in the accident through the owners negligence. It's not a good idea to let people drive your vehicle if your not sure your insurance will cover them, Basically it is the responsibility of a vehicle owner to insure that all permissive use drivers are covered. As the owner you can be left with the bill for all damages and injuries sustained as a result of your choice to loan out your vehicle.

The Driver "and" the Vehicle Owner are both jointly and severally liable for all damages. She should contact her Insurance Agent for advice as to whether or not the Auto Insurance Policy will provide coverage for the unlicensed driver

Ultimately, the driver is responsible for everything that that is caused by or contributed to while the driver is in the vehicle. Lights don't work? Drivers fault. Not insured? Drivers fault.AnswerIf you drive a car that is not insured you can be ticketed for that. If you were not at fault in the accident then hopefully the other driver had insurance otherwise the damage to your friends car will have to be paid out of pocket. If that were the case then you could attempt to take the at fault driver to court. It is the responsibility of the owner of the vehicle to have the vehicle insured. AnswerThe law clearly states that it is the driver's resposibility to make sure that the vehicle he/she is driving is properly insured and there are no acceptions, you will be ticketed.

If you have "Uninsured or Underinsured Motorist" coverage on your policy, then your insurance will cover it at no cost to you.

only if the passenger contributed to the accident (smoking marijuana causing the driver to get high via second hand, distracting the driver, etc) and can be proved beyond a reasonable doubt.

No. Insurance follows the vehicle primary, driver secondary. Since the driver is at fault and there is no coverage under the vehicle itself, the drivers policy would pay for any bodily injury or property damage he may have caused. Therefore uninsured motorist coverage would not apply. The only way that driver would have coverage for himself is if he already had Med Pay coverage on his own policy.

Typically, the uninsured driver will be cited for it, and your insurance co. is liable for the damages.

No, liability insurance only covers the other vehicle if you are at fault for an accident. Coverage for your own car if the other driver is uninsured would come from one of two places: -your collision coverage, this would be the case regardless of if you or the other driver is at fault -your uninsured motorist coverage. This would be the case if the other driver is at fault. This is usually a separate part of the policy, and may or may not be included automatically in your policy depending on the state. I would suggest you either check you policy coverage, talk with your insurance agent or talk with your insurance company.

The insurance status of the victim's vehicle is irrelevant. The at-fault insurance company will pay for your damages whether your car is insured or not.


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