If I am a passenger in an auto accident will I be able to claim from the driver's insurance?

by Gladys
(California)

I was in a car as a passenger with my friend driving. Someone rear-ended the car we are in (totalled the car) and left the scene.

We have no information about the car who hit us but police came to write a report. Will I be able to file a claim from my friend's insurance since this is a hit-and-run situation? Please advise...

Thanks,
Gladys


Answer:

Hello Gladys,

In this situation, most likely not. You need to contact an attorney to see what your rights are. To find a good attorney, please visit: http://www.auto-insurance-claim-advice.com/find-a-lawyer.html

Your friend was hit from behind in the rear end collision, which means that he probably not liable for any damages. If this is the case, you cannot recover from him or his insurance company for pain and suffering (general damages). You could recover the amount of medical bills you have to pay, if your friend has PIP or medical payments coverage and your bills are under his limit.

See: http://www.auto-insurance-claim-advice.com/insurance-coverages.html

If your friend carries uninsured motorist bodily injury coverage, then there is a possibility that your bills and general damages will be covered under his insurance if the other person cannot be found and has no insurance.

Please see: http://www.auto-insurance-claim-advice.com/Uninsured-Motorist-Bodily-Injury.html


Good Luck,
http://www.auto-insurance-claim-advice.com