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At-fault but on passenger seat

by Denisse
(Windsor, CT, USA)

I was recently on a car accident were my car was at-fault but I was not the one driving when this happened- actually I was seating on the passenger seat and the person driving was not listed on my policy neither had a driver license with her.

The whole impact was on my side so I did got injured and now I am attending therapy. Would it be possible for me to file a claim for my injuries and etc.. to my own insurance company?? or will this create a lot of issues with me and them?

-i was caring a full cover policy at the time on the accident. The second party (1 person) got injured as well and most probably her car total as well as mine and I have no doubt that she will sue my insurance.

The last thing I want to do is end up paying out of my pocket. Please advise me !!!


Hello Denisse,

If you are injured as a passenger by a driver, and the driver is an insured as defined by the policy (an insured is often defined as a permissive driver of the listed car that is not excluded), then you can make a claim against the policy.

The fact that you are the policy holder does not defeat your rights against the insured driver. Your condition of policy holder alone will not preclude your rights (unless there is specific language on your policy where you would be excluded from coverage).

To learn more about how to read an insurance policy, please see:

As far as the other party suing the insurance company, it is very likely that this will be the case. However, you will not be liable personally as you were not the driver (unless you did something as a passenger that was a factor to the accident – i.e. You gave the keys to an intoxicated driver or grabbed the wheel causing the accident).

To learn more about fault, please see:

Good Luck

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