If you are riding in someone else’s car when he or she gets into an accident, you have the right to file a claim for financial compensation for your hospital bills and other expenses as a passenger. Since you were not the one driving, you will not have to dispute fault for the crash. One of the driver’s insurance providers will pay for your losses. You may also have the power to file a personal injury claim against the at-fault party in San Antonio, Texas.
Who Is Liable for Passenger Injuries?
Texas uses a tort-based insurance system to determine liability for car accidents. Liability is the legal term for legal and financial responsibility for an accident. According to Texas law, the driver or party at fault for causing the wreck is liable for related economic damages. As an injured passenger, you may be able to file a claim against one or more parties for financial compensation:- The driver of the vehicle. The simplest step as an injured passenger is filing a claim with the insurance company of the driver of your vehicle. That driver’s bodily injury liability insurance will pay for your medical bills, lost wages and other losses. Texas law requires all drivers to carry this type of car insurance.
- The driver of the other vehicle. If the other driver caused the collision, you can file a claim with that driver's insurance company. However, filing with your driver’s insurance company is generally enough, as the insurer will seek reimbursement from the other driver's insurer, if applicable.
- The passenger’s insurance provider. If an incident occurs where one or both drivers are uninsured or do not have enough insurance to fully cover your losses, you can seek secondary coverage from your own insurance company. If you have personal injury protection insurance, this can help you pay for your medical bills.
- A third party. If an investigation of the crash finds that a third party caused the car accident, such as a property owner, product manufacturer or the government, that party may be financially responsible for your losses.