I was the passenger in a car that caused a wreck. Do I still have a claim?


Matt Hutsell, Rainwater, Holt & Sexton Attorney:

If you were a passenger with the driver that caused a wreck that is a prime opportunity for you to call Rainwater, Holt, & Sexton. Being a passenger in a car wreck does not exclude you from recovering damages, in fact it opens up options to use additional auto insurance coverage.  First, you do not share in any of the fault, since you were not driving.  So you might have a liability claim for negligence against the insurance company for either your driver or for another driver of another vehicle involved.  As the law presently states it may be necessary to file claims against all the drivers’ insurance companies and let them, or a jury, determine how to apportion fault to each one.

Next, you can use your MedPay coverage on your own vehicle or any vehicle in your household, even though those vehicles were not involved in the crash.  You can also use the MedPay coverage for the vehicle you were riding in, if you don’t have your own.  Finally, if the at fault drivers do not have coverage, or enough coverage, you will be able to use the Uninsured/Underinsured Motorist coverage for the vehicle you were in, your own vehicle, or a vehicle in your household.

As you can see there are numerous opportunities for someone injured as a passenger in a wreck to recover damages for their injuries. The first step is consulting an attorney immediately after a wreck and not settling on your own with the insurance company.

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