Passengers Rights in a Car Accident
If you were involved in a Car Accident as a passenger, and weren't actually driving any of the vehicles, that does not mean you do not have legal rights when it comes to filing a claim for compensation.
Although the situation may be complex, with the help of an experienced Personal Injury Attorney, it's much easier to get the benefits that you deserve.
Your options for seeking compensation for your injuries will depend on certain facts of your case. You have three potential options when it comes to filing a claim for compensation when you're a passenger in a motor vehicle accident.
The Driver of your Car was at Fault
In the unfortunate case that the driver who's car you were in at the time of the accident is found at-fault, you will have to file a claim against their car insurance company if you want to receive compensation for any medical expenses.
Filing a claim with their insurance company will allow you to receive financial compensation for any injuries that you suffered. If the driver of the vehicle has liability coverage (which they should), it will typically cover any medical expenses, lost wages, and pain and suffering up to a certain amount.
There are special rules that could apply if the passenger is related to the driver of the vehicle. The insurance policy may not cover any injuries.
It's best to speak with an attorney before making any decisions about how to file the case, or how much money to accept as a settlement.
The Driver of the other Car was at Fault
If the other driver is found liable for the accident, the passenger can pursue compensation from that driver's insurance company.
When you're injured in a car accident as a passenger, you can seek to recovery funds from the at-fault driver's liability insurance coverage.
There are some situations that allow the passenger to also file a claim against another party. For example, if the at-fault driver was working when the accident occurred, the driver's employer may be liable for the accident.
Once again, it's much easier to attain the maximum amount of compensation that you deserve when you hire an attorney to help with the recovery of your losses. This is especially true if a claim needs to be filed against the driver's employer or the company that they work for.
Filing a Claim Against the Passenger's Own Policy
If the passenger may be able to file a claim against their own medical payments portion on their own car insurance policy. Now, the only way to do this to have that sort of coverage. Motorists are not required to carry this type of coverage so this many not be an option for everyone.
This type of coverage is not based upon liability so the passenger is in no way considered "at-fault" just for choosing to use this type of coverage.
Lost wages, pain and suffering, and any other bill that is not a medical expense is not normally included in this portion of coverage, so if you wish to obtain compensation for such, this is not going to be the best option for you.
Also, typically if a passenger collects payment under this portion of their own coverage, and later receives compensation from either of the driver's insurance companies, the amount already received could be deducted from the the final settlement amount.
Getting Legal Help after a Car Accident
If you were a passenger in a car accident, getting legal help is crucial if you want to make sure you get the most out of your claim for compensation.
Whether you file a claim with your driver's insurance company or the other driver's insurance company, they will both try to offer you the lowest settlement possible, or they will try to deny your claim altogether.
Just because you may be close friends with the driver of vehicle that you were in, does not mean their insurance company is going to treat you like one and offer you the money that you deserve.
On the contrary, they are in the business to make money, so their number one priority is to minimize or deny your claim.
When you hire an attorney to assist with the accident claim, you do not have to handle any negotiations with the insurance company or worry about filing any paperwork. Your attorneys handles everything so you can make your main priority your recovery.
It's important not to put off legal council after an accident. Find out what your best option is to get the financial compensation that you deserve for the injuries and pain that you suffered.
Even if it was your friend who caused the accident, you're not filing a claim for their money, you're filing a claim for their insurance companies money.
You deserve to have your expenses paid for when you were not the one at-fault for the accident. Let The Roth Firm Car Accident Attorneys help you.
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