Those who are riding in the passenger seat of a car when it has gotten into an accident may not realize that they also have rights, regardless of who was considered at fault in the accident. If you have been injured, as the passenger, in a car accident you are entitled to legal rights. Speaking with a dedicated car accident attorney can help you understand the claims process, as well as have support during your case.
The Rights of an Injured Passenger in a Car
An injured passenger may recover damages from negligent drivers. Drivers owe passengers a duty of care. It is considered negligence when they fail to act reasonably to avoid an accident, and a passenger can sue on this basis.
How to Prove The Other Driver’s Negligence
One must prove each element of legal negligence. To verify this burden, lawyers collect evidence of the circumstances of the accident. The following are instances when a driver is negligent:
- Texting while driving or engaging in similar distractions
- Driving under the influence of drugs or alcohol
- Illegal turns
- Dangerous driving
What to do If You Have Suffered Injuries
First, seek medical assistance for diagnosis and treatment of injuries. Then you can move forward in the claims process.
Determine The Liable Party
One must conduct investigations to determine which party is responsible for paying damages.
Insurance companies try to figure out what led to the accident and may determine liability. However, one can always file a suit against a driver despite an insurance company’s opinion.
Is The Driver of The Other Vehicle Involved
There are several liability possibilities to consider when suing for damages.
- Sue your driver if he is responsible
- Sue the other vehicle’s driver if he was at fault
- Sue both drivers if it was their fault
In fault states, you only sue the driver responsible for the accident. In no-fault states, you claim damages against the insurance policy of your driver.
How to File a Personal Injury Claim
The insurance coverage should reimburse you since someone will be held responsible for your damages. Comparative negligence does not apply to passengers. The insurance company of the negligent driver settles the claim. It is advisable to complete the claims process as you consider assistance from an attorney to avoid the strenuous process involved while dealing with insurance companies.
The Damages of The Injured Passenger in an Insurance Claim
In addition to compensation for specific injuries suffered, passengers may get the following damages from insurance companies:
- Medical expenses (all treatment costs arising from the accident)
- Loss of wages (loss or reduced earning capacity, or time absent from work)
- Pain and suffering
- Emotional stress
- Wrongful death (paid to the family of deceased)
How to Deal with The Insurance Company after a Car Accident
Generally, insurance companies tend to avoid claims against their policyholders and deny responsibility to avoid cutting down on profits. Insurance companies have the same legal procedure regardless of the circumstances of the accident. You may consider the services of a lawyer to help you recover damages from insurance companies.
Filing a Lawsuit to Pursue Compensation
When insurance companies are unreasonable during negotiations, you may find it necessary to file a suit in court for a jury to decide how much damages you receive.
How to Deal with Multiple Parties Responsible
When both the drivers in an accident share responsibility, you can deal with several insurance policies. To receive compensation from each company, you may have to go through comparative negligence to apportion the drivers’ liability.
File a Personal Injury Lawsuit
If the responsible driver is a friend or family, it is advisable to claim through their insurance policy to receive fair compensation.
Contact a Personal Injury Lawyer For Help
Personal injury lawyers will assist in pursuing your damages. They work on a contingency fee basis, so that you do not pay out of pocket for the costs of hiring an attorney.
If you or a loved one has been hurt or injured in a rollaway accident – contact an experienced Merrillville personal injury attorney for help. There are NO FEES unless we collect damages for you.
The personal injury attorneys at Moseley & Martinez can help you get the compensation and justice you deserve! CALL NOW!