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Can a passenger file a separate insurance claim from the driver against an at fault driver?
Anonymous4 views5 answers
I was a passenger in a car hit by someone who ran a red light. The other driver was ticketed and the police report puts her at fault. The adverse driver's insurance company has said that only one claim may be filed against their client; and that claim will be paid to the driver or owner of the hit vehicle. There was minor injury to myself which required a visit to the emergency room. The hospital is not done with the accounting for the accident. My friend wants to file a claim immediately and list me as a claimant to have my medical bills repaid. I do not want him to represent me on his claim for two reasons. 1) As stated before I am still waiting for my final medical bills. 2) I cannot be certain he will do the right thing by giving me my proper alotment. What should I do?
While I claim no expertise in Texas law, if you are injured, you have the right to sue the person that caused the collision. In most cases, if the matter comes down to litigation, the attorney for the passenger would sue both drivers -- just to ensure recovery regardless of who may be found liable. I am not sure exactly what the insurer told you, but you can certainly file a claim directly with the carrier for the responsible party.
By the way, if you just want to get a few dollars in a case where your injuries were exceedingly minor, it is your right to pursue it on your own. But, in any case of any significance, DO NOT even think of taking on the adverse insurance company without retaining a lawyer to do it for you.
As a passenger in a car you have to show, by admissible evidence, that the fault was with one or the other driver. If the negligence of a driver is shown to be the cause of the damages, that driver may be found responsible. This is so no matter what the insurance situation is.
Get an attorney. You can miss and say the wrong things if you are not represented by an advocate as your attorney.
You might find my Legal Guide helpful "How to Choose A Lawyer For You"
http://www.attorneyqna.com/legal-guides/ugc/how-to-choose-a-lawyer-for-you
You might find my Legal Guide helpful " What Do I Tell My Lawyer"
http://www.attorneyqna.com/legal-guides/ugc/what-do-i-tell-my-lawyer
You need a lawyer. Check with a TX lawyer in your locale to discuss more of the details.
Good luck to you.
God bless.
NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.
As a lawyer practicing personal injury law in Texas, I can tell you that the insurance adjuster's advice to you is DEAD WRONG! As many claims are permitted as there are people/things harmed in an accident. However, adjusters will (sometimes intentionally) try to feed you misinformation and bully you. You should do two things (1) ask to speak to the adjuster's supervisor (you always have the right to do this) and (2) file a complaint with the Texas Department of Insurance (www.tdi.state.tx.us).
Generally speaking, in a case like yours, there is a claim for property damage to the vehicle you were riding in (belongs to the owner of the car), as well as an individual claim for each person's injuries. In Texas, there will be at least $15,000 coverage for property damage, plus $25,000 for the injuries of one individual, with a minimum of $50,000 for all person's injuries. (actual coverages may be higher).
You also may have a claim under your driver's Personal Injury Protection (PIP) coverage. This coverage is first-party no-fault coverage for injuries and lost wages. It is easy to collect, since it is first party, and is required in Texas (although it may be rejected in writing).
Lars A. LundeenPersonal Injury LawyerRutland, VT ·
I suggest that you contact a local personal injury attorney and see whether or not the attorney can undertake your representation. You certainly can make a claim separate and apart from the driver. The information that the insurance carrier has given you is not correct.
As you are apparently learning, the adverse insurance carrier is neither your friend nor your good neighbor. The sole goal of any insurance carrier is to pay you nothing or as little as possible on your potential claim.
You should not give a statement to the adverse insurance carrier nor grant them access to any of your medical records without first speaking with a personal injury attorney.
Legal Disclaimer:
Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to insure proper advice is received.
You should not talk to your friend or an insurance company before speaking wtih a personal injury lawyer.
You can make a claim against any insurance policy for any driver that may be responsible for the accident.
Do not sign any insurance company forms to give a statement before calling a lawyer.
For free information on Texas car accident cases, visit the link below.
Sincerely,
Jason
