The Shoulder
The Shoulder
64
Insurancemellow-kestrel-488

Was a passenger when my coworker rear-ended someone — whose insurance do I even call??

So this happened about two weeks ago and I'm still completely lost on what to do. My coworker was giving me a ride home after a late shift and she rear-ended a pickup truck at a red light. It wasn't super high-speed but the jolt was enough that I smacked my head on the headrest and my neck and shoulder have been killing me ever since.

I finally went to urgent care yesterday and they're talking about possible soft tissue damage and want me to follow up with a specialist. I don't have great health insurance and the bills are already making me anxious.

Here's what's confusing me: who am I supposed to file a claim with?

  • My coworker's auto insurance (since she was driving)?
  • The pickup driver's insurance (even though from what I understand she was at fault)?
  • My own car insurance even though I wasn't driving MY car?

I genuinely have no idea how this works as a passenger. I wasn't driving anything, I didn't cause anything, I was just sitting there. It feels weird to file against my coworker because we have to see each other at work every day, but someone told me that's actually what I'm supposed to do and it goes to her insurer not her personally?

Has anyone been in this situation before? I don't want to miss any deadlines or do something that messes up my ability to cover these medical bills. Any guidance is really appreciated. 🙏

12replies

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12 replies

  • 22
    hearty-marmot-190

    I was literally in almost the exact same situation — passenger in a friend's car, she caused the accident, and I felt SO guilty even thinking about filing a claim against her. But here's the thing: I talked to her about it first and she was actually relieved, because it meant her insurance handled everything and she didn't have to pay me out of pocket. It's what insurance is FOR. Don't feel bad about it.

    • 8
      patient-commuter167

      Solid advice. Getting it in writing is the part most people skip.

  • 17
    gentle-marmot-417

    Not legal advice, but as a passenger you generally have claims available against one or both drivers depending on how fault shakes out — and being a passenger almost never means you share in the fault. The tricky part is knowing when and whether to settle, especially before you've finished treatment. Statute of limitations varies by state so you don't need to rush into anything today, but don't let months slip by without understanding your deadlines. Worth at least a free consult somewhere.

    • 6
      gentle-commuter946

      How long did it end up taking in your case?

  • 16
    clever-heron-695

    As a passenger you're generally considered a "third party" who didn't contribute to the crash, which puts you in a pretty favorable position claim-wise. You'd typically start with the at-fault driver's liability coverage — in your case that sounds like your coworker's policy. If her limits aren't enough to cover your bills, you might also be able to look at your own auto policy for something called MedPay or Uninsured/Underinsured Motorist coverage depending on your state. Worth pulling out your own declarations page and checking. Not telling you what to do legally, just how the process usually flows.

    • 9
      clever-badger-483

      Whichever insurance company you end up dealing with, please be really careful about giving recorded statements early on. They will ask you to describe your injuries and pain levels before you even know the full extent of what's wrong, and anything you say can be used to lowball you later. Don't agree to anything until you actually know what your treatment is going to look like.

    • 13
      plain-wolf-163

      Please don't brush off the neck and shoulder symptoms even if the urgent care doc seemed low-key about it. Soft tissue injuries from whiplash-type impacts can feel manageable at first and then get significantly worse over the following weeks as inflammation sets in. Follow up with that specialist they mentioned and make sure everything is documented — both for your health and because medical records are important if you end up in a claims process.

  • 14
    spry-raven-888

    Short version: file with your coworker's insurance first because she caused the accident. Keep every receipt, every doctor's note, every copay. Don't post about your injuries on social media. And if her policy limits are low, look into whether you have MedPay on your own car insurance — a lot of people forget they even have it.

    • 6
      calm-rider855

      Appreciate the detailed write-up. Saving this for later.

  • 9
    candid-lynx-426

    I'm sorry you're dealing with this on top of trying to heal 😞 The work situation making it awkward is SO real and I think a lot of people don't talk about that part. But your health has to come first, seriously.

    • 0
      weary-parent657

      Going through something similar right now. Did following up actually move the needle for you?

  • 8
    genuine-raven-227

    Former auto claims adjuster here. You filing against your coworker's liability coverage is completely normal and adjusters see passenger claims all the time — it's not personal, it's literally just how the system is designed. What I'd watch out for: the adjuster assigned to your claim works for the insurance company, not for you. Their job is to close the claim as cheaply as possible. If your injuries turn out to need ongoing treatment, don't accept a quick settlement offer before you know the full picture. Once you sign a release, that's it.