Whose insurance is responsible for injuries sustained in single vehicle accident - driver's or owner / passenger's?

Question Details: If an owner of a vehicle is a passenger in the vehicle and the the person / friend driving the vehicle gets in a one car accident, whose insurance is liable for the owner / passenger's injuries - the owner / passenger's insurance company or the driver / friend's insurance company? The owner / passenger also does not have UM / UIM coverage.

Asked 11/10/2009 under Auto Accidents | 330 View(s) | More Legal Topics

Are you an attorney? Sign up to answer this question.

Auto Accidents Law Answers

It's most likely that the owner's insurance will have to cover this, as it's usually considered the "primary" coverage.  However, depending on how the two insurance policies are written, it's possible that the two insurance companies will have to split the cost, based on their "other insurance" clauses.

Most insurance policies include language about what happens when there's coverage for an occurrence, but there's also another policy that covers the same loss.  The simplest form of this is little more than, "If there's other insurance, they pay," although modern forms usually have at least some language about how the cost is to be split up.  Then, the "other insurance" clauses of both (or all, if more than 2) policies have to be reconciled, and that's a very, very technical point of insurance law.

Related Auto Accidents Questions

Didn't find your answer? Ask.

  Top Ranking Attorneys

Sign Up Today! Are you a lawyer?
Want to be featured here?
Sign up for a free profile and get started today! Click Here

More Questions Like This...

AttorneyPages.com