Can an Injured Passenger Sue Both Drivers After a Car Accident?
There is a chance you could bring a claim against more than one of the drivers engaged in an accident, yet your choices will depend on how fault is determined.
Any passenger harmed in a car accident generally has the lawful right to file an insurance claim (and a personal injury lawsuit, if needed) against any driver whose carelessness had an impact in causing the accident.
Whose Insurance Covers a Passenger’s Injuries?
The various types of insurance coverages that could become an integral factor in a passenger injury claim after a car accident include:
- The liability insurance coverage of the driver or owner of the car you were riding in
- The liability insurance coverage of the driver or owner of the other vehicle engaged in the accident
- Your personal car insurance, and
- Your personal medical coverage.
With regards to insurance coverage and injury claims please remember:
As a lawyer, like a car accident lawyer from a law firm like The Lynch Law Group knows, a claim made against another person’s insurance policy is generally called an “outsider claim.” If the two drivers bear some measure of fault for the accident, you might have the choice of recording an outsider claim against both of their insurance policies. However, in case one party’s insurance covers your claim altogether, you cannot recuperate any other money from the other party’s insurance. There is no “going in for seconds,” at the end of the day.
In case you are harmed as a passenger in a relative’s car, you typically cannot record an outsider claim against that driver’s insurance policy. If you are a relative of (and live with) the driver, you will normally be considered covered under their policy.
In any event, when another person’s liability insurance coverage applies to your car accident injuries, if you have health care coverage, you will utilize it to pay for important medical therapy, to some extent at first. The expenses of medical care you get (and any deductibles and copays) will be figured into the worth of any settlement you get. Note that in case you’re fruitful in getting a settlement or court grant, your medical coverage carrier is qualified for repayment out of that sum in some regard.
Should you or someone you know be involved in an accident and need a better understanding of the rights a passenger has in a motor vehicle accident, it is best to speak to a lawyer you can rely on as soon as possible.