When you are in a car accident and have a passenger and the accident is not your fault. Who insurance to file it on

It depends. Who was at fault in causing the crash? That person will be the defendant and the liability insurance for that person should be the policy that pays. There may be medical payments coverage that would be involved as well as uninsured/underinsured motorist coverage as well, depending upon the existence of insurance, the amount of the medical bills and the severity of the injuries.

Normally a claim is made against the person whom caused the injury. That can be complicated though, as there may be more than one party deemed "at fault." Most personal injury lawyers will take a look at the case, on a confidential basis, without charging anything. Either way, it makes sense to talk to an experienced attorney to determine the appropriate manner in which to proceed. REALLY good question though! bill powers

Your insurance is primary and you should report a claim with them. There are possible penalties for failing to report your incident, as you have a duty to cooperate and if a claim is filed later, by someone else in the accident ( your passenger, another person in a car you hit, a pedestrian etc) you may be jeopardizing the coverage you bought and paid for. Don't delay and report this accident now. If no claims are made you should have no problem, but if your car is damaged they will repair it or seek to have another such as the person who caused the accident repair through their insurance.

If injuries contact local and qualified counsel asap.

You must report the claim to your insurance company. If you were injured you are entitled to med pay from your company and you can file a claim against the at fault driver. Same thing with the passenger. But it would be wise to hire an attorney to help you through the process.

If there were no injuries, you can report it to your own carrier to sort out. If there were injuries, retain a personal injury lawyer to obtain maximum compensation. has a terrific "find a lawyer" tool to locate a top-rated attorney with a low contingency fee. Good luck.

If you are the driver, and the accident is not your fault, you would open a claim under the policy of the person who hit you. Your passenger would do the same. However, I would contact your own insurance carrier to make them aware of the accident and also to determine whether you may have any med pay coverage available under your own policy in the event you or or your passenger was injured.

If, for example, you were rear ended, the negligent party's insurance is primary for injuries. If the negligent party is uninsured, then there will be uninsured motorist coverage if you and/or pass anger purchased. Speak with a local attorney.

Your and the passenger would file your claim against the responsible party's insurance carrier. Your passenger could filed on your insurance company if you bear a percentage of the responsibility. You may also file against your own insurance carrier for the property damage sustained to your auto. You may also make a claim under the personal injury protection and/or medical payments provisions of your own policy

You and your passenger have several claims to deal with and possibly numerous insurance issues and policies to deal with. This response assumes you were not at fault for the wreck. First, any property damage to your car can be handled by either the at-fault driver’s insurance company or your insurance company. If you use your insurance company, then they will seek reimbursement (subrogation) from the at fault drivers insurance company. You should be able to handle this yourself or have a lawyer do this for no charge or a minimal charge. If a resolution cannot be achieved then the at-fault driver needs to be sued. His/her insurance will be on the hook. Second, you and your passenger may have personal injuries. In order to pay these bills, look 2 places. Look to see whether your insurance policy includes medical payments (med pay) coverage. If you don't have this med pay coverage, then you need to reevaluate your policy. Med Pay will pay for medical expenses. A lawyer should help you with this for free. Second, you should pursue the at-fault driver for the total personal injuries and damages you have incurred. This is where you should consult an attorney, who will offer a contingency fee with a free first consultation. The passenger will have a claim against anyone who was negligent and caused the wreck. Again, assuming you did nothing wrong, then the claim is against the other driver and his/her insurance company is on the hook subject to insurance policy exclusions. If the other driver has no insurance for whatever reason, then your insurance policy will cover the claim under the UM portion of your policy. You need a lawyer to help you under this scenario. Finally, if the other driver has insurance but it is inadequate to satisfy all the damages, then you should pursue UIM coverage from all available insurance policies. This is best left to a lawyer to figure out as many policies could be tapped. Again, if you don’t have this coverage, you need to get it for the future.

Mine. That's why they call it "no-fault"