Saturday, October 13, 2018

Where you a passenger in an auto accident and need to know who to file an injury claim against?


If you are injured as a passenger in a car accident, it can be confusing and aggravating determining whose insurance coverage is responsible for paying your medical bills and other expenses from the auto accident.

Filing a claim against the at-fault driver’s insurance.

The first thing to do is to determine who was at fault.If the driver who hit the vehicle you were riding in was at-fault, that driver’s insurance is liable. Often, the accident report will allow you to figure out who was at-fault. If your car accident occurred in Raleigh, Cary, Wake Forest, or on a NC highway, your crash reports should be available online. You should have been provided an insurance exchange form at the scene of the accident so that you can file your claim. If not, the driver of the vehicle you were in should have received one. 

If the at-fault driver does not have enough insurance to cover your injuries, you will need to determine if the driver of the car you were in has additional coverage under their Underinsured Motorist coverage. If they do, file a claim against their insurance. This should not make their insurance increase because they were not at-fault for the accident. If they do not have additional coverage, you should look to your auto insurance policy to determine what Uninsured Motorist coverage you have. 

If the driver of your vehicle was at-fault. 

If the driver of the car you were in was at-fault in the accident, their insurance is liable. Even though it may be your friend’s insurance, you will need to file a claim against it. For what it’s worth, their insurance will likely go up regardless of whether you file your claim or not, since the points will be for having an at-fault accident, not for how many insurance claims are made. Therefore, you’re probably not doing them any favors by not filing it, you’re only hurting yourself. 

Again, if their insurance does not have sufficient coverage, the Underinsured Motorist coverage on your auto insurance may have additional coverage. Similarly, your auto insurance should not increase from filing this claim because you did not cause the accident. 

To have an experienced auto accident attorney review your case for free, call Hemmings & Stevens today. Our team will help you wade through the various insurance coverages that may be available to you to make sure that you are properly compensated for your injuries and expenses.

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