I was passenger in a car wreck where my driver was at fault, how do I file a claim?

Question

I have already incured about $5,000 in medical expenses and dont know how to get my money back. Do I file with my insurance under PIP, or only deal with his insurance company?

Im am located in Texas, and I believe the driver had only minimum liability.

Answer 1

You go to a Lawyer and he'll do the rest... You are quiet entitled to seek compensation for any injuries and or lossess to you...

Answer 2

You call up the insurance company for the at fault driver....you say..."I was a passenger in the car and I was hurt, what do I do?".  The adjuster will explain the process to you.

In general....Insurance starts with the car you were in. So you would file a claim against the at fault car's insurance. If that policy does not have high enough limits  then the drivers policy is next (if the driver is not the owner and has a policy of his own). Then if that is not enough limits, any under insured motorist coverage you have on your car would be next.  

It's called stacking.

Your adjuster will be able to explain how things work in your state.

The minimum liability limits in Texas are 25/50/25. This is an increase from the prior limits that took affect April 1 2008. So depending on how the law was worded - your driver could have 25/50 or he could have lower limits.

In my state, when we increased limits- the increase took affect at your next renewal.

Liability limits are the most that policy can pay you--- regardless. It does not matter if you are dead. The liability limit is the most the insurance company can pay.

Also, the value of your claim is based on the nature of the injury. If you get greedy and run up a bunch of medical treatment in an attempt to inflate your claim.....you could end up getting less than your medical bills.  I've had claims go to trial where the jury awarded less than the medicals.

Also....insurance companies will take a case that is worth less than 20,000 to trial.

Answer 3

You are probably SOL... you would deal with his insurance company.... or take him to court...

Answer 4

Personal injury attorney will file it for you and get the maximum out of the insurance company.  You can file it yourself and pay no lawyer fees, many insurance companies pay out up to $20000 without trial so ask for that and accept no less but remember that a settlement clears the insurance company and the insured of liability permanently and even minimum liability will cover that.   Minimum liability is probably up to $100000 in coverage but for that kinda money you MUST sue, I am not a Texas lawyer though.  

So to file your claim you need the insurance information of the liable party and you contact their insurance provider directly or have your lawyer do it for you and pay them 30% when you win (or whatever it is in Texas the ambulance chasers charge)

Bottom line if your injuries are very serious and you are afraid you will have life long repercussions hire an attorney immediately and file a lawsuit.

Answer 5

you deal with their  insurance company. the cops who came to the scene should have taken your name and info. their insurance company will then call you with the details. it happend to me

Answer 6

Talk to the drivers insurance company.  They may pay the claims or reimburse you for your outlays.  If this does not work you may have to contact an attorney and have the attorney push the issue  possibly even sue the driver not the company.  Just remember the attorney will take 30% or more of any settlement.

Answer 7

You can request reimbursement from your driver's insurance company.  If they are not willing to voluntarily pay, you will then have to sue the driver to force them to defend.

Answer 8

Since you were an occupant in his vehicle, his PIP coverage should pay for your medicals(assuming he did not sign off on the coverage).  You need to report this to his insurance company asap.  There are timeframes which vary from state to state for filing PIP claims.  

If he does not have PIP coverage,  and he is at fault for the accident, then his liability coverage would pay for your medicals once you have stopped treating.

You should contact your insurance company and file a PIP claim.  The adjuster will let you know who's coverage is primary, and they will provide you with the guidance you need.