Will insurance cover injuries suffered by a passengar during a car accident? 28 Answers as of December 22, 2010

Does insurance cover me if there was a passenger in my car who has a history of back problems who was in my car during a car accident? I could not see the other car and I was at fault. Will insurance cover this or can she actually sue me? Do I need to retain an attorney for something like this?

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David F. Stoddard
David F. Stoddard | David F. Stoddard
The passenger can sue you but your insurance will cover it and your insurer will hire an attorney to defend you. The only way you would be personally liable is if the passenger obtains a judgment that exceeds your insurance coverage. The vast majority of cases are settled within the policy limits. You could go ahead and report the potential claim to your insurer so that they can contact the passenger and begin the process of trying to settle the claim.
Answer Applies to: South Carolina
Replied: 12/22/2010
The Law Office of Eric R. Chandler, P.C., L.L.O.
The Law Office of Eric R. Chandler, P.C., L.L.O. | Eric R. Chandler
Short answer is yes. You, however, are still the one who is sued if no settlement is reached.
Answer Applies to: Nebraska
Replied: 12/22/2010
Ron Graham Attorney at Law
Ron Graham Attorney at Law | Ron Graham
You need to contact your insurance company.
Answer Applies to: Ohio
Replied: 12/22/2010
Magnuson Lowell P.S.
Magnuson Lowell P.S. | Richard S. Lowell
You need to advise your insurance company ASAP. Your PIP insurance will pay for your passenger's medical expenses (up to its limits); and then your liability insurance will pay for damages to your passenger. She will need to sue you ONLY if she can't resolve her claim with your insurance company. You should not need an attorney. If necessary, your insurance company will hire an attorney for you should your passenger be forced to sue you.
Answer Applies to: Washington
Replied: 12/14/2010
Harris Law Firm
Harris Law Firm | Paul Vames
If you had a collision in which you were at fault and your passenger was injured, you can be held liable for your passenger's injury. You should report this to your own insurance carrier as soon as possible. Please call me with any questions.
Answer Applies to: Oregon
Replied: 12/10/2010
    Law Office of Curry & Westgate
    Law Office of Curry & Westgate | Patrick Curry
    Your insurance will cover your passenger.
    Answer Applies to: California
    Replied: 12/10/2010
    Law Offices of Daniel A. Higson
    Law Offices of Daniel A. Higson | Daniel A. Higson
    Insurance should cover you. Refer the matter to your insiurance company.
    Answer Applies to: California
    Replied: 12/10/2010
    El Dabe Law Firm
    El Dabe Law Firm | Edmond El Dabe
    Insurance will cover this. In California, the passenger can make a claim against your insurance.
    Answer Applies to: California
    Replied: 12/10/2010
    Premier Law Group
    Premier Law Group | Jason Epstein
    Yes, if you had liability coverage then that should cover your passenger. The passenger can sue you, but then your insurance company has an obligation to step in and defend you.
    Answer Applies to: Washington
    Replied: 12/10/2010
    Van Sant & Slover LLC
    Van Sant & Slover LLC | David Van Sant
    Yes, insurance will cover passengers as well. The only exception would be a combined single limits policy where the limits have already been tendered. Even in those cases, UN coverage may be available. You should consult an attorney
    Answer Applies to: Georgia
    Replied: 12/10/2010
    Froerer and Miles, P.C.
    Froerer and Miles, P.C. | Bryce M Froerer
    Your insurance will cover anyone in your car - including you up to the PIP limit. Your passengers may have a claim against you for additional compensation - Your insurance company will provide you a lawyer and defend the claim.
    Answer Applies to: Utah
    Replied: 12/10/2010
    Law Office of Travis Prestwich, PC
    Law Office of Travis Prestwich, PC | Travis Prestwich
    Yes, your insurance will cover the passenger. Your insurance carrier will hire an attorney on your behalf if that becomes necessary. Even though the claim would be against the insurance, if a lawsuit has to be filed it would be against you. However, your insurance would step in to defend you and pay any amount necessary to pay. Your passenger should get an attorney as soon as possible to ensure a smooth claims process.
    Answer Applies to: Oregon
    Replied: 12/10/2010
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    Your insurance company will cover the claim and will hire counsel on your behalf. Good luck
    Answer Applies to: Connecticut
    Replied: 12/10/2010
    Wilson & Hajek,LLC, a personal injury law firm
    Wilson & Hajek,LLC, a personal injury law firm | Francis Hajek
    Sorry to hear you were in an accident. You should contact your insurance company and let them know a passenger was injured. They will let you know your coverage. You may have personal liability if the coverage is not sufficient to cover the claim, but this is rare as most claims are not large. Hope this helps
    Answer Applies to: Virginia
    Replied: 12/10/2010
    Law Office of Joseph Lamy
    Law Office of Joseph Lamy | Joseph Lamy
    Your liability insurance will cover any passenger in your car. The only trouble you may run into is if her injuries are severe and you do not have enough insurance coverage for her injuries. You can speak with an attorney at any time if you feel you are in danger of being sued, but I feel that may be premature. Even if you are sued, your insurance company will provide a defense attorney for you at their own expense. Best of luck.
    Answer Applies to: Rhode Island
    Replied: 12/10/2010
    William C. Gosnell, Attorney at Law
    William C. Gosnell, Attorney at Law | William C. Gosnell
    Insurance does cover the passenger.
    Answer Applies to: Tennessee
    Replied: 12/10/2010
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    If you had bodily injury liability insurance for your automobile, then in Florida a passenger can make a claim against your insurance for injuries. The history of back problems just goes to the matter of damages, and whether or not she will actually sue you depends upon whether your insurance company makes an offer to her which is acceptable to her. In Florida, since we have a non-joinder statute which prohibits naming the insurance company, if she brought suit it would have to be against you personally, but your insurer would defend you and be the one to pay.
    Answer Applies to: Florida
    Replied: 12/10/2010
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    Your insurance (liability) should cover the loss. She may sue you and if she does the insurance company will provide you with a lawyer at no additional charge (you paid for this protection when you paid the premium) call me if you have any questions.
    Answer Applies to: North Carolina
    Replied: 12/10/2010
    The Law Offices of Jason Chan
    The Law Offices of Jason Chan | Jason Chan
    Insurance company should cover these expenses.
    Answer Applies to: Massachusetts
    Replied: 12/10/2010
    Cary J. Wintroub & Associates
    Cary J. Wintroub & Associates | Cary J. Wintroub
    Your insurance will defend you if you are at fault for the accident.
    Answer Applies to: Illinois
    Replied: 12/9/2010
    Garruto & Calabria, LLC
    Garruto & Calabria, LLC | Andrew F. Garruto
    Yes, assuming this is a case in New Jersey, if your passenger does not have car insurance of their own, then they would get medical benefits from your car insurance policy to cover their medical treatment.

    If you are at fault for the accident they are making negligence claim against you, then they can make a claim against you, which is truly a claim against your insurance company for compensation. If they have a back condition that has been made worse because of the accident, then they can make a claim for how much worse the accident made the condition. If a lawsuit is filed, it is filed against you [not your insurance company] but your insurance company hires the lawyer [not you], pays for the lawyer and handles the case. You are obligated to cooperate with your insurance company and the lawyer handling your defense.

    If you get any letters from your passenger's lawyer, or if you are served with a lawsuit, simply call your insurance agent or company, and they will tell you what to do.
    Answer Applies to: New Jersey
    Replied: 12/9/2010
    Willens Law Offices
    Willens Law Offices | Matthew Willens
    Your insurance should cover your passenger's claim. Depending on the relationship with your passenger and depending on the language of your insurance policy, it is possible for her to sue you. Your insurance company should provide you with a lawyer and it is likely you will not have to retain one.
    Answer Applies to: Illinois
    Replied: 12/9/2010
    Cary J. Wintroub & Associates
    Cary J. Wintroub & Associates | Sheldon J. Aberman
    Insurance will cover an insured up to the policy limits of the insured's policy and will provide a defense attorney to defend its insured from any claim made against him or her. These services are covered by your insurance premium and you need not pay any extra for them.
    Answer Applies to: Illinois
    Replied: 12/9/2010
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