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Insurance Coverage

Passenger In Car Accident: Rights Explained

If I’m a passenger in a car accident who has been injured, what are my rights?

If you are a passenger in a car accident who has been injured then your rights under the Michigan No-Fault Act would be to first file an application and pursue No-Fault benefits with your own auto insurance company. If you’re passenger in a car accident that is injured and without insurance, read the list below to see who would be responsible for No-Fault benefits.

In a situation where a passenger in a car accident is injured and the car was driven by and owned by another person, the auto insurance companies who would cover Michigan No-Fault benefits would be as follows:

  • Your own auto insurance company if you have car insurance.
  • Your spouse’s auto insurance company if you have a spouse who has car insurance.
  • The auto insurance company of a resident relative if he or she has car insurance.
  • The Michigan Assigned Claims Plan, which is administered by the Michigan Automobile Insurance Placement Facility, if auto insurance coverage is not available through any of the sources above.

What if I’m driving another child in my car and they are injured in a car accident, what are their No-Fault insurance rights?

The passenger in a car accident, in this scenario the child, would first pursue No-Fault insurance benefits with the insurer of a relative who lives with the child.

If no coverage is available through the child’s resident relative, then an accident claim must be filed with the Michigan Assigned Claims Plan, which is administered by the Michigan Automobile Insurance Placement Facility (MAIPF). The State of Michigan established the Assigned Claims Plan to provide financial help to people injured in uninsured motor vehicle accidents, who have no auto insurance coverage of their own.

To summarize, in a scenario where passengers (or children) are the occupants of a car driven by and owned by a non-resident family member, the order of priority of No-Fault insurers in case of a car accident would be as follows:

  • The passenger’s own auto insurance company if he or she has car insurance.
  • The auto insurance company for the passenger’s spouse if he or she has car insurance.
  • The auto insurance company for a resident relative of the passenger if he or she has car insurance.
  • The Michigan Assigned Claims Plan, which is administered by the Michigan Automobile Insurance Placement Facility, if auto insurance coverage is not available through any of the sources above.

If you or a loved one was a passenger injured in a car accident in Michigan, and you’re unclear about your rights, call Michigan Auto Law at (800) 777-0028. You can also fill out our car accident lawyer free consultation form. Our car accident lawyers can answer all of your insurance questions at no charge.