If you were hurt as a passenger in a car accident, you may be dealing with pain, medical bills, missed work, and questions about who should pay for your losses. Passengers are rarely at fault for a crash, but getting medical bills paid is not always simple. Below, we help you understand which insurance company may pay and what steps to take next.
The At-Fault Driver’s Insurance
Texas is an at-fault state1. This means the driver who caused the crash is usually responsible for the damage they caused.
If another driver ran a red light, hit the car you were riding in from behind, or made an unsafe turn, that driver’s liability insurance may cover your injuries.
If the driver of the car you were riding in caused the accident, their insurance may apply instead.
This can feel uncomfortable if the driver is a friend, family member, or coworker, but insurance handles most claims. You usually file a claim with the insurance company, not ask someone to personally pay your medical bills.
In some crashes, more than one driver may share fault. If that happens, multiple insurance companies may be involved. Each company may try to blame the other, which can delay payment and make the process more difficult.
Your Own Auto Insurance May Help
Your own auto insurance may also help, even if you were not driving.
If you have Personal Injury Protection (PIP)2 or Medical Payments coverage, also called MedPay, those benefits may help pay your medical bills after the crash.
PIP can be helpful because it may pay benefits no matter who caused the wreck. It may also cover part of your lost income if your injuries keep you from working. Whether this coverage applies depends on your policy and if you rejected it in writing.
The Driver’s PIP Coverage
If you do not have your own auto insurance, you may still be able to use coverage from the vehicle you were riding in. In Texas, auto insurance policies usually include PIP unless the policyholder rejects it in writing.
If the driver kept PIP coverage, it may help pay for medical care after the accident. This can be important because injury claims often take time, and medical providers may want payment before a settlement is reached.
Health Insurance May Cover Treatment First
You may also use your health insurance to get treatment after the crash. This can help you see doctors, get tests, and continue care while your car accident claim is pending.
However, health insurance may later seek payment from any settlement or recovery. This is called subrogation3.
What If the At-Fault Driver Has No Insurance?
If the driver who caused the crash does not have insurance or enough coverage, Uninsured/Underinsured Motorist (UM/UIM) coverage may help.
This coverage may come from your policy, a family member’s policy, or the policy for the vehicle you were riding in. These claims can still be difficult because insurance companies may dispute your injuries or which policy applies.
Insurance Companies May Still Make Your Claim Difficult
Even when a passenger clearly did nothing wrong, insurance companies may still delay, deny, or undervalue the claim. They may question your medical treatment, blame another driver, or pressure you to settle before you know the full cost of your injuries.
If you were injured as a passenger in a Texas car accident, Steve Lee Accident & Injury Attorneys can help identify available insurance coverage and deal with the insurance companies for you. Contact our office today to discuss your case for free. We fight to get your damages compensated including medical bills, pain and suffering, lost wages and more.
Sources:
1 https://www.tdi.texas.gov/tips/how-to-deal-with-the-other-drivers-insurance.html
2 https://www.tdi.texas.gov/pubs/consumer/cb020.html
3 https://statutes.capitol.texas.gov/?tab=1&code=CP&chapter=CP.140&artSec=