Legal Question in Personal Injury in United States

If someone is injured in your car and the other driver is at fault who pays the injured party ? Your insurance company it theirs?

Asked on 8/24/16, 5:18 am

9 Answers from Attorneys

Michael Stone-Molloy The Lion's Law Office

It depends. If the other guy has insurance, then his insurance pays. If he doesn't have insurance, and you have what's called "uninsured motorist coverage" then your insurance would pay. In either case, if you have what's called "med pay" then your insurance would pay your passengers medical bills only up to whatever limits you have, aside from your own medical bills. Also, if the other guy has less insurance than you have for uninsured motorist, that would be what's called "under-insured motorist" coverage, and your insurance would make up the difference for your passenger up to your policy limits. For example, if your passenger was seriously injured and his claim was worth $25,000, but the other guy only had $15,000, and you have $100,000 in UM coverage, then your passenger would get $15,000 from the other guy and $10,000 from your insurance.

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Answered on 8/24/16, 5:26 am

In New York, ordinarily, the host car pays the no-fault (medical expenses and lost earnings, to a point). Pain and suffering awards come from either, or both, cars depending on apportionment of fault. VTY, MEZ

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Answered on 8/24/16, 6:27 am
David Slater David P. Slater, Esq.

Depends on the State laws and what payments you are referring to (medical or injury).

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Answered on 8/24/16, 8:01 am
Samuel Edmunds Sieben Edmunds Miller PLLC

Remember that there are at least two types of insurance coverage that may kick in. Your own insurance policy might provide no-fault benefits for your passenger. Then if the other driver was truly at fault, then that driver's liability policy should provide coverage. Depends on many factors that we don't know here. If this person was injured in an accident, I strongly urge them to contact a personal injury attorney for some advice. Fee free to have them give me a call to discuss specifics. 651-994-6744.

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Answered on 8/24/16, 8:21 am

It depends. Usually the at fault driver and / or their insurance would pay. However, if that isn't enough to cover things or if the at fault driver did not have insurance, your insurance and even you personally could get stuck paying the bill.

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Answered on 8/24/16, 8:56 am
David Burns David H. Burns, P. A.

Please resubmit the question providing the State where the accident happened, then a meaningful answer can be given.

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Answered on 8/24/16, 10:13 am

This varies greatly by state.

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Answered on 8/24/16, 3:26 pm
Michael Zerres Blume Forte Fried Zerres & Molinari

Thank you for your inquiry. Which carrier would pay for various losses depends upon the insurance coverage and which losses or damages to which you refer (property loss, medical bills, or personal injury claims recoveries). My firm has handled thousands of motor vehicle accident claims, both where the defendant's coverage was adequate, and when not (the latter requiring uninsured or underinsured motorist claims). Please feel free to call me or one of my partners to discuss your potential claim. If the accident to which you refer was not in New Jersey, we can possibly refer you accordingly to alternate counsel in another state. I look forward to speaking with you. (973)635-5400

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Answered on 8/25/16, 12:44 pm
Mel Franke Mel G. Franke, Attorney at Law

The insurance company of the person at fault.

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Answered on 8/26/16, 8:28 am

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