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Can A Passenger File Claim In Car Accident?


Car accidents can happen anytime. It is an unfortunate event that causes a great deal of misery, loss of money, critical injuries and sometimes even fatalities. Over and above that, the procedure of settling the claim for accidental compensation is another hassle to deal with.

In such critical points of our lives, it is absolutely essential that we choose the right insurance partner to minimize further roadblocks in claim settlements. Thus, connecting with insurance company like Bharti AXA GI may help in bailing you out smoothly in case such an unfortunate event takes place.

Here are some key inputs that may help you to handle the process of car accident claims in a better way.

What Should Be the Primary Approach?

It is no doubt a serious situation when you have been involved in a car accident. The circumstances further worsen when insurance companies refuse to agree on bearing any liability of the driver. Still, as a passenger, you must understand the fact that the insurance companies are not the ones to be blamed for anything. They will do their best to present the possible approaches available to you under the circumstances.

Determination of The Fault

The primary issue that concerns the insurance companies is to find the party at fault. A thorough investigation is launched which includes getting the statements of all involved parties, reviewing the police reports and interacting directly with the witnesses present during the accident.

Filing A Claim Against Insurance of The Driver

In case the driver who was driving the car involved in the accident is found at fault, then it is legal at the passenger’s end to file accident claims against the insurance policy of the driver. This step will allow the passenger to seek financial compensation for injuries caused as a result of the accident. This refers to the liability coverage aspect of an auto insurance claim. Along with that, it also takes care of medical expenditures, compensation for the loss of wages, and pain and sufferings incurred in the process to a particular limit in terms of per person and per accident.

A host of special guidelines and rules are applicable in case the passenger is related to the driver. If that is indeed the case, the insurance company may deny covering the injured person because the essence of the claim largely covers its own insured driver. It is not applicable for the insured drivers to file a liability claim against their own liability coverage.

Claim Filing Against the Insurance of The Other Driver

In case the other driver is determined to be the one at fault then the passenger can file a car insurance claim in an accident against the insurance coverage of the other driver. In case the fault of the other driver is negligible then the driver with whom the passenger was travelling with can claim car accident compensation from the other driver as the liability is shared by both. There is one limitation that the passenger cannot do. The claimant may not claim compensation more than the total claim value.

Filing A Claim Against the Passenger’s Policy

There is also the advantage for the passenger to file the auto insurance claim as per the terms and conditions of the medical payment clause in the automobile policy. This is the type of coverage that does not depend on liability. It is also not required for the insurance companies to look for any facts in order to determine if the passenger is actually at fault or not. This part of the policy generally deals with the pain and sufferings incurred during the accident.

However, there should be no confusion about coverage for medical expenditures or the loss of pay. This medical payment clause does not provide any such coverage for the claimant. In such a case, a passenger must be acquainted about the procedures and the regulations related to the coverage owned. It is most likely, that an individual who has collected the part of the coverage owned and afterward also gets the car crash compensation from the insurance of the driver. If that is what has happened, then that part of the compensation received before will be deducted from the settled liability.

Liability of The Passenger

There are also instances when the passenger may be found to be at fault partially, that is if they had any part to play in the driving of the vehicle in question. In that case, the recovery amount will probably diminish by a value proportionate to the degree of the determined fault. There are different rules related to this clause and it varies depending on the insurance companies. The car insurance plan offered by Bharti AXA GI offers provisions to make the procedure as efficient as possible for the victim.

Arranging for Legal Assistance

It is critical to get involved in a car accident as mentioned before and the given inputs prove the same as well. The obligation as a victim primarily relates to taking care of your medical expenditures for the injuries incurred at the time of the accident. It is best to seek legal help from a professional lawyer dealing in a road accident claim. That will help you cope up with the difficult situation.

It is important to make a note of all the process points when settling an accident claim. The rest will be a mere cakewalk.

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