Most of us have been involved in an auto collision at one time or another and some of us were passengers in a vehicle involved in a collision. Who pays for your damages? What if the driver is your friend or relative? What if you are in a company vehicle and on the job when it happens? These are all questions that are important when considering who pays for your damages and what you can recover. Below are a just some of the things that may need to be considered if you are a passenger in a vehicle involved in a collision.
- Medical expenses:
Medical expenses would probably be covered by the driver’s medical payments coverage first, then after it is exhausted, your own medical payments coverage would apply if you purchased this type of insurance. If neither you nor the driver has medical payments coverage, you would need to look to your own health insurance coverage to pay the bills initially. Then, when you are through treating for your injuries, you would look to any other parties involved that shared in the fault for payment of your damages if someone other than the driver of the vehicle contributed to the cause of the collision. - Family or Friend as Driver:
In Georgia, generally you cannot make a claim against the driver of the vehicle if the driver was your spouse or your parent. The purpose is to preserve family harmony. There are exceptions to this rule. There is no prohibition against making a claim against a friend. However, if a lawsuit were necessary, you would have to name your friend personally. If you choose, you could limit your claim to the friend’s insurance policy limits and not pursue them personally. - Passenger in a Company Vehicle:
If you are a passenger in a company vehicle and on the job when the collision occurs, Georgia’s workers compensation laws would protect you and you should seek a remedy through your employers workers compensation. There are limited circumstances when you might be able to make a claim against the driver. If someone other than the driver of the vehicle in which you are in caused the collision (a third party) you could make a claim against the third party’s insurance as well.
WHO PAYS FOR YOUR INJURIES IF YOU ARE A PASSENGER?
Most of us have been involved in an auto collision at one time or another and some of us were passengers in a vehicle involved in a collision. Who pays for your damages? What if the driver is your friend or relative? What if you are in a company vehicle and on the job when it happens? These are all questions that are important when considering who pays for your damages and what you can recover. Below are a just some of the things that may need to be considered if you are a passenger in a vehicle involved in a collision.
- Medical expenses:
Medical expenses would probably be covered by the driver’s medical payments coverage first, then after it is exhausted, your own medical payments coverage would apply if you purchased this type of insurance. If neither you nor the driver has medical payments coverage, you would need to look to your own health insurance coverage to pay the bills initially. Then, when you are through treating for your injuries, you would look to any other parties involved that shared in the fault for payment of your damages if someone other than the driver of the vehicle contributed to the cause of the collision. - Family or Friend as Driver:
In Georgia, generally you cannot make a claim against the driver of the vehicle if the driver was your spouse or your parent. The purpose is to preserve family harmony. There are exceptions to this rule. There is no prohibition against making a claim against a friend. However, if a lawsuit were necessary, you would have to name your friend personally. If you choose, you could limit your claim to the friend’s insurance policy limits and not pursue them personally. - Passenger in a Company Vehicle:
If you are a passenger in a company vehicle and on the job when the collision occurs, Georgia’s workers compensation laws would protect you and you should seek a remedy through your employers workers compensation. There are limited circumstances when you might be able to make a claim against the driver. If someone other than the driver of the vehicle in which you are in caused the collision (a third party) you could make a claim against the third party’s insurance as well.