Passengers occupy a unique and often advantageous position in a Delaware injury claim because they generally have no fault for the crash. The challenge is identifying every available source of insurance coverage.
The Detailed Answer
Multiple Sources of Coverage
- PIP from the host vehicle: Pays your medical bills and lost wages first.
- Bodily injury liability of the at-fault driver: Whether that is the driver of your car, another driver, or both.
- UM/UIM coverage: May apply on the host vehicle’s policy and possibly on your own household policy.
- Health insurance: May come into play after PIP exhaustion.
Suing the Driver of Your Own Car
It often feels uncomfortable, but if your driver was at fault, the claim is generally against their insurance — not their personal finances. Most drivers carry insurance precisely to handle these situations.
Multiple Defendants
If two drivers share fault, you may have claims against both. Apportionment of fault between them does not generally reduce your recovery as a passenger.
Documenting Your Claim
- Get a copy of the police report.
- Identify all drivers and obtain their insurance information.
- Seek medical care promptly and follow through with treatment.
- Keep records of missed work and out-of-pocket expenses.
What This Means for Your Case
Identifying every applicable policy may significantly increase your potential recovery. Joseph M. Jachetti’s decade as an insurance claims adjuster informs how the firm investigates layered coverage in passenger cases.
Related Questions
Q: What if the driver of my car was uninsured?
Your own household UM coverage and the other driver’s liability coverage may apply. See UM coverage in Delaware.
Q: Can both drivers’ insurance be used?
Yes. If both drivers share fault, both policies may be available.
Q: What if I was not wearing a seatbelt?
Delaware seatbelt nonuse generally has limited admissibility for damage-reduction purposes. A lawyer may explain how it could affect your specific case.
When to Talk to a Delaware Personal Injury Lawyer
Passenger claims often involve more sources of coverage than people realize. The Delaware auto accident team at Schuster Jachetti LLP may be able to help you identify and pursue all available policies. Read about Joseph M. Jachetti.
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This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. For advice on your specific situation, contact Schuster Jachetti LLP.
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📞 Call (302) 984-1000
This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. For advice on your specific situation, contact Schuster Jachetti LLP.