One of the most common concerns, when you are involved in an accident is whether your insurance will cover damages. But you should ask are passengers covered by car insurance?
Despite modern car safety technology that protects them in case of a collision, who protects your passengers from the expensive fees associated with recovery after an accident?
Depending on the insurance laws in your state, your liability policy may cover passengers in case of a crash. Drivers are expected to carry insurance policies that meet the minimum requirements. However, they can add protection by adding supplemental coverage or raising the limits. In this article, we will answer the question, “Are passengers covered by car insurance?”, so read on!
Are Passengers Covered By Car Insurance: Deciding Factors
State laws and the type of insurance policy the driver carries dictate whether passengers are covered.
Liability is also a significant determinant except in no-fault states where the rules for who pays for damages in a collision differ.
In most states, passengers are covered by the liable driver’s insurance policy. In case of an accident, passengers may also seek compensation from:
- The driver’s insurance company
- The at-fault driver’s insurance company
- Their insurance company
Passengers may be compensated for lost wages and medical bills. In some cases, the insurance company may also cover all their damages, including long-term medical treatment.
Are Passengers Covered By Car Insurance: Liability Insurance
Liability insurance covers damages to others if you are the at-fault driver in a crash. There are two types of liability insurance:
- Property damage liability: If you are the at-fault driver, this policy covers damages to another individual’s property. It can pay for the other driver’s car repairs and non-vehicular damages. You must pay for the excess out of pocket if the damages exceed your policy limits.
- Bodily injury liability: This policy covers other drivers’ and passengers’ bodily injuries. The policy may cover medical bills, lost wages, and legal fees. This policy also covers passengers in your car if they are not members of your household.
Whose Liability Policy Covers a Passenger’s Medical Expenses if the Other Driver is At Fault?
Generally, the at-fault driver’s liability insurance pays for the passenger’s injuries. Of course, insurance may also assign blame to more than one driver, dividing liability by percentages.
If you bear some of the responsibility, depending on your state, insurance laws will determine which party will cover damages first.
Are Passengers Covered By Car Insurance: Other Types of Insurance
- Personal Injury Protection: PIP insurance covers the passenger’s damages regardless of which driver is at fault.
- Medical Payments: MedPay covers passengers’ and drivers’ expenses after an accident.
- Underinsured/Uninsured: This policy covers the passenger’s damages if the at-fault driver has limited or no insurance coverage.
- Bodily Injury Liability: This covers damages after a crash and comes from the at-fault party’s insurance.
Some of these policies include a varying deductible, depending on the provider, which means that you may have to pay to access your benefits. Passengers may also be covered by their personal health insurance.
If you have multiple insurance policies among those listed above, notify each company immediately after a crash. The insurance company will help you determine which policy will cover your damages.
Can Passengers Be At-Fault in a Car Accident?
It is uncommon for passengers to be liable for accidents in most states. This is because there is not much a passenger can do to cause an accident.
However, a passenger’s negligent behavior, such as covering the driver’s eyes or punching the driver, can make them liable for the collision.
If a passenger gets into a vehicle with a drunk driver, they may not be liable for the accident. However, it can be difficult for them to claim compensation for injuries. These cases are complex, and we recommend talking to a car accident attorney to ensure you understand your rights.
What If a Passenger Is Injured in a Car Accident, But No Driver Is At-Fault?
Sometimes, car accidents occur, and no driver is at fault. This can happen due to a car manufacturing defect, bad weather conditions, or poorly maintained roads. In some cases, the road signs may have been vandalized.
In such cases, all injured parties, including the passengers, can recover compensation from the negligent party who contributed to the crash.
Depending on your state, such claims may involve premises liability, product liability, or personal injury law.
In case multiple parties are at-fault for an accident, including motorists and non-motorists, passengers still have the right to claim compensation from the liable party.
Consider talking to an auto accident attorney to learn your rights as a driver or passenger in complex scenarios where an accident occurs without a driver’s fault.
Can Passengers Make a Claim Against Their Driver?
Determining who is at fault is crucial when making an insurance claim. If a driver causes an accident that causes injury or damages to their passenger, they may be held liable.
Even if no other cars are involved, a driver who rams into a tree, guardrail, or building is at fault, and their passengers can claim compensation from them.
The driver’s insurance is legally required to cover the passenger’s damages according to the terms of their policy.
If the accident involves another driver, the passenger can also make a claim against their insurance provider. The at-fault’s driver’s insurance policy will cover the damages up to the available limits.
Unfortunately, most insurance companies aggressively defend against passengers’ claims when the policyholder is at fault to avoid paying the settlements. An experienced car accident lawyer can help you negotiate a settlement and get fair compensation.
What If the At-Fault Driver Does Not Have Insurance?
Passengers may have no avenue to claim compensation if the at-fault driver does not have insurance or only carries a basic policy. In this case, an uninsured/underinsured policy can help you recover your damages.
An uninsured/underinsured policy is designed to cover you when the at-fault party does not have adequate insurance. This policy also covers you if you are a passenger in someone else’s car.
If you did not have any coverage at the time of the accident, but the driver is underinsured, contact a car accident lawyer to find out your options.
Are Passengers Covered By Car Insurance: Final Verdict
While there is plenty of information about getting compensation as a driver, passengers still need more knowledge. Luckily, you do not have to navigate such situations alone.
If you have been involved in an accident as a passenger, get in touch with a car accident attorney to learn more about your right to fair compensation.