Being injured as a passenger in a Georgia car accident can leave you in a confusing position. You were not driving, you may have had no control over what caused the crash, and now you are facing medical bills, missed work, pain, and questions about who is responsible for paying for your losses.
Whether you were riding with a friend, family member, coworker, or rideshare driver, you may have the right to pursue compensation after a crash caused by someone else’s negligence. The more difficult question is often which insurance policy should pay.
The At-Fault Driver’s Insurance May Be Responsible
Georgia follows an at-fault system for car accidents. This generally means that the person responsible for causing the collision can be held financially responsible for the resulting injuries and damages.
For an injured passenger, determining which insurance company is responsible depends on how the crash happened. If another vehicle struck the car you were riding in, you may be able to pursue a claim against that driver’s liability insurance.
However, the driver of the vehicle you were riding in could also be responsible. For example, if your friend ran a red light, followed another vehicle too closely, or drove while distracted, you may have a claim involving your friend’s insurance policy.
Filing a claim involving someone you know can feel uncomfortable. It is important to remember that a personal injury claim is typically made against the applicable insurance coverage rather than simply asking a friend or relative to personally pay your medical expenses.
What If More Than One Driver Caused the Accident?
Not every Georgia car accident has one clearly responsible driver. Two or more drivers may have contributed to a collision.
This can complicate an injured passenger’s claim, but it may also mean that multiple insurance policies need to be investigated.
Consider a crash in which one driver makes an unsafe lane change while another driver is speeding. If both actions contributed to the collision, determining liability may require examining the police report, witness statements, photographs, video footage, vehicle damage, and other evidence.
Passengers are in a unique position because they are generally not responsible for how either vehicle was being operated. When multiple drivers share responsibility, identifying every potentially liable party can be important, particularly when the passenger has suffered serious injuries.
What If the At-Fault Driver Does Not Have Enough Insurance?
Insurance coverage can become a significant issue after a serious car accident in Georgia.
An at-fault driver’s liability insurance may not be enough to cover substantial medical expenses, lost income, future treatment, and other losses. Georgia drivers may also encounter motorists without valid insurance.
Uninsured and underinsured motorist coverage may provide another potential source of compensation in these situations. The coverage available to an injured passenger will depend on the circumstances of the crash and the applicable insurance policies.
Because passengers may potentially qualify for coverage under policies connected to the vehicle they occupied or other applicable policies, it is important not to assume that the at-fault driver’s policy represents the only available source of compensation.
Can a Passenger’s Medical Bills Be Covered Before the Claim Settles?
A personal injury claim can take time, but medical providers may expect payment while the case is still pending.
If applicable coverage includes medical payments coverage, commonly called MedPay, it may help cover certain accident-related medical expenses regardless of who caused the collision. Health insurance may also help cover treatment while a liability claim is being resolved.
The interaction between liability insurance, MedPay, health insurance, and uninsured or underinsured motorist coverage can become complicated. This is especially true when injuries require surgery, rehabilitation, or ongoing medical treatment.
Protecting Your Rights After Being Injured as a Passenger
If you were an injured passenger in a Georgia car accident, do not assume that you have to handle your medical bills on your own or that you cannot make a claim because the driver was a friend or family member. The circumstances of the collision and the insurance policies involved will determine where compensation may be available.
At Van Sant Law, we can investigate how your crash happened, identify potentially responsible parties and available insurance coverage, and help you understand your options for pursuing compensation. If you have questions after being injured as a passenger in a Georgia car accident, contact our team to discuss your case.