Insurance companies use the term “insured” to indicate who is actually paying the policy premiums to have an insurance policy with them. It is easier to use this term compared to “at-fault party” because their insured may or may not be at fault for the accident. It is also easier to use “insured” instead of “driver” because most collisions will involve more than one driver.
Who is the “insured”?
In most circumstances, the “insured” is the person who pays for the insurance policy. But, that general definition is not always true. Consider an auto insurance policy that covers a family car as an example. The “insured” in that circumstance could include:
- Anyone whose name is listed as owning the car
- Anyone driving the car with the owner’s permission
- Children who live in the same household and drive the car with permission
- Children who live in the same household and who are passengers in a car during a crash
- Any other family members covered under the policy
As a result of these additional people who may be able to get coverage, the “true” definition of an insured is anyone who is covered under the policy.
Some definitions will also indicate that it is anyone who can get compensated for a loss. But, this definition is somewhat confusing because the insured person doesn’t always get money after a loss. Instead, if the insured person was at fault, they don’t get any money directly, and the victim gets compensated for their losses instead.
But, that obligation to pay money to a victim is actually the insured’s duty. That means that the money is really going from the insured person to the victim, so the insured is getting a benefit that they are then passing along to the person who actually suffered the losses. In reality, the money generally goes directly from the insurance company to the victim—but the insured is getting the benefit not having to pay for those costs.
In most personal injury cases in Georgia, the insured is the person who is required to pay benefits to someone else. The insured has insurance coverage to take care of this obligation. There are situations where the “insured” is the person getting paid from their insurance company, however. This is particularly true if you have first-party insurance coverage like collision coverage or med pay.
Determining who is an insured can be difficult, but in many cases, involving the insurance company is the best way to ensure that you get paid as an accident victim, whether it is a car accident or slip and fall claim. Let our team help you with this process. John Foy & Associates has been helping accident victims in Georgia for over 20 years. We can put that experience to work for you. Fill out the form to your right or call us at 404-400-4000 to get your FREE consultation today.
