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 12 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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