Passenger Injury Claims After a Car Accident
If you've been in a vehicle accident, you undoubtedly have a lot of questions. Most importantly, you want to know how you'll pay for your medical treatment. How are you going to pay your bills if you have to take time off work? Will you receive compensation for all the pain, stress, and inconvenience resulting from an accident that isn't your fault?
In this article, we'll answer your questions.
Is a Driver Responsible for His Passengers?
A driver is responsible for his passengers while driving any vehicle. This includes ensuring that each passenger uses a seatbelt when he is in the car. For example, it is unlawful for any person 18 years of age or older to be a passenger in the front seat of a motor vehicle unless such person is restrained by a safety belt when the vehicle is in motion.
If a driver acts negligently behind the wheel, and this negligence causes a car accident, the passengers in the vehicle may make a claim against the driver if they have any type of injury as a result of the accident.
Determining Liability When the Driver Is Responsible for His Passengers
In every accident, investigators must first determine liability. The individual who is deemed responsible for the crash may also be held liable for any injury or property damage caused by it.
In many instances, when a motor vehicle accident results in the injury of passengers, the driver is held accountable for them. However, every automobile accident is unique. On some occasions, both drivers may be at blame for the collision. In this instance, a passenger may sue both driver's insurance companies for compensation.
Advantages passengers have when making an injury claim
As a passenger, you have a few advantages when it comes to making an injury claim after a car accident.
You didn't cause the accident, so there's no chance that the insurance company will try to blame you (as long as you don't yank the wheel!).
You weren't breaking any traffic laws, so the insurance company can't use that against you, either.
As a passenger, you don't have to worry about fixing a vehicle or obtaining a rental because it is not their vehicle that was damaged.
Passengers usually aren't responsible for maintaining their own car insurance, so the insurer can't use that against you, either.
These are all big advantages. But there's one more advantage that's even more important:Passengers usually have multiple sources of insurance coverage to draw on after an accident. They can oftentimes tap into the uninsured motorist coverage of the owner of the vehicle, the driver of the vehicle (if different from the owner), and their own personal uninsured motorist policy. Yes, that's right, your own uninsured motorist policy and med pay policy cover you as a passenger.
These factors put you in a strong position to get full and fair compensation for your injuries. But even with these advantages, the process of getting compensation can be complicated. The best way to ensure that you get the maximum compensation you're entitled to is to hire an experienced car accident attorney.
What to Do Immediately After a Car Accident as an Injured Passenger
If you are a passenger in a vehicle involved in an accident, it is critical that you gather as much information as feasible while at the scene.
You'll need your driver's insurance information, as well as the insurance histories of everyone else who drove. It's also a good idea to get a copy of the accident report and any statements from witnesses. This will help you when you are filing a claim for any injuries that you have.
Legal Help After You’re Injured in a Car Accident as a Passenger
As a passenger, you may struggle with determining liability in the accident. The answer to this depends on the accident and who investigators find responsible for the crash. A car accident lawyer may help you with your case.
Contact us at Chaz Roberts Law, at (337) 504-3202 to talk about your case. We are happy to assist you in completing the appropriate claims, so you can receive the compensation you deserve
