Who is liable for the cost of medical bills? What else can I claim? What if i didn't have my seat bealt on?
She total her company car. Was not supposed to use the car for personal use, but did on this day. I was the passenger got bang up pretty good in the auto accident.
Ultimately, the injured party is liable to the medical provider. The person who caused the accident MIGHT be liable to the injured party, if they are different people, but that will depend on your state laws.
Seat belt use shouldn't affect liability. Personal vs. business use is irrelevant. What matters is, who caused the accident. As the passenger, you can sue the driver of the car you were in, the owner of the car you were in, and if someone else caused the accident, the driver and the owners of THAT car.
if she was not aloud to use for personal then she might have to pay you for your medical bills, but it all depends on their insurance company...and you should always buckle up, then maybe you wouldn't of gotten hurt...
Answers:
Of course you should talk to a lawyer, but in general some insurance company will be responsible for your bills.
It may be her personal insurance company, it may be the insurance company for her company, or it may be her company itself if they are self-insured. In addition, if you have an auto policy that has a med-pay or PIP provision then it may pay as well.
You need to talk to a lawyer because insurance companies may try to pay you less than you are entitled to and may not pay you for lost wages, pain and suffering, etc.
Insurance Law varies from state to state so check with someone local to be sure, however if you happen to be in a pure comparitive negligence state, you could have several possible sources for your claim.
First and foremost, the vehicle owners insurance is primary, so check with whoever insures the company vehicle to see if they will extend coverage. If they deny coverage due to an exclusion under the policy for personal use, then you will need to see if the vehicle driver has a personal insurance policy. Depending on the wording of your friends policy, you may have coverage and this would be your second choice. If however her personally policy denies coverage for "no permission" from the legal owner, then you can go back to your own insurance, if you have any.
If you have a vehicle and it is insured and you have Med Pay on your policy, you could have your own personal insurance pay for your medical bills up to the amount of your policy limits if necessary.
Ultimately however, your friend is liable for your injuries if she was in any way responsible for the accident which caused your injuries. If no insurance applies, you can ask your friend to pay, or if you are forced to do so, take this person to court.
Anyhow, those are your options. Good luck and don't let this ruin your friendship.
P.S. Not having on a seatbelt could be considered a contributing factor into why you were injured and you may be held personally responsible for a portion of your own claim. This would be negligence on your part for failure to obey the seatbelt law.