Filing an Accident Claim as a Passenger in the State of Georgia
I was a passenger in a vehicular accident in the city of Roswell, GA. What steps do I need to take to ensure my injuries are covered?
It’s unfortunate when a person is involved in an auto accident or any other type of incident but knowing what to do after is crucial. If you were a passenger in a vehicle that was involved in an accident, you are entitled to have your medical expenses compensated for if you sustained an injury.
Unlike a claim filed on behalf of a driver, your claim would not go through your own insurance company. While Georgia does follow at-fault laws which means the driver found guilty of causing the accident is responsible for covering the damages, you weren’t the driver nor were you responsible. Therefore, as a passenger, you would file a third-party claim. What is a third-party claim you wonder? Well, if you were the driver and wanted to file a claim through your own insurance, it would be considered a first-party claim seeing that you are submitting it through your own carrier. But, because you are a passenger submitting your claim through someone else’s insurance, your claim is now considered to be a third-party claim.
If you aren’t clear on this and would like some clarification, don’t hesitate to contact us. We will place you in touch with a local accident lawyer in Roswell, Georgia who can provide you with a free consultation to further discuss the matter.

Submitting your claim

Now that you are aware of what type of claim you need to submit, you need to decide which insurance company you need to file your claim through. Will it go through the driver’s insurance company who you were riding with or the driver who was involved in the accident? Well, who was at fault for causing the accident? The answer to this question will determine which insurer you want to file your claim through. If the person you were driving with was identified as the at-fault motorist, then you need to submit your injury claim through their insurance carrier.
The state of Georgia currently requires that its drivers carry the following minimum limits:

  • Bodily Injury Liability: $25,000 per person and $50,000 per accident. this is only a reflection of the minimum requirements for this type of coverage.

This means you may be entitled to collect up to $25,000 for the medical bills you incurred. If your medical bills exceeded beyond that amount, you may be able to pursue the other driver’s insurance company and to collect the remaining amount due. You aren’t entitled to collect the full amount from both driver’s insurance policies as this is considered “double dipping.”
To gain a full understanding of what your rights are as a passenger involved in an auto accident, contact us today. We want you to receive accurate and current information from only the best accident attorneys in and near Roswell, Georgia. Many accident victims are unaware of how much their injuries entitle them to collect and often walk away with a settlement far below that amount.