If I am in a car with a licensed driver who has no insurance and I get injured in an accident, will my car or my medical insurer cover my injuries?

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If I am in a car with a licensed driver who has no insurance and I get injured in an accident, will my car or my medical insurer cover my injuries?

Asked on September 27, 2011 under Accident Law, New Hampshire

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If the driver of the car in which you are a passenger is not at fault in the accident, your personal injury claim would be filed against the other driver's insurance company. If the other driver is at fault, it is irrelevant that the driver of the vehicle in which you are riding is uninsured as for pursuing your claim against the at-fault driver's insurance company.  Your claim would include compensation for the medical bills, compensation for pain and suffering and compensation for any documented wage loss.  Compensation for the medical bills is straight reimbursement.  Compensation for wage loss is straight reimbursement.  Compensation for pain and suffering is an amount in addition to the medical bills.  You can still recover compensation for your injuries even if your health insurance pays your medical bills.

If the driver of the car in which you are a passenger is at fault in the accident and doesn't have insurance, you will need to sue the driver for negligence in order to recover compensation for the medical bills, compensation for pain and suffering, and compensation for wage loss.  You can still recover compensation for your injuries in a lawsuit even though your health insurance paid your medical bills.

Your personal auto insurance policy would not be applicable in the above situations because it provides insurance on the vehicle you own or drive.  It would not cover a situation in which you are a passenger in another's vehicle.


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