Being in a serious car accident is painful and stressful. You may have severe injuries and wonder how you will pay your bills if you cannot work. The stress of a car accident can be compounded if you are a passenger in the vehicle. For example, you can have a head or spine injury, shattered bones, internal injuries, burns, or severe lacerations. These injuries can cost a fortune. Who will pay for them when you weren’t even driving?
After the accident, you may need clarification about who will be liable for the accident and your damages. A car accident attorney can review your case for free and outline your legal options. You can be entitled as a car passenger to compensation from various parties for your injuries and losses.
What Should You Do If Injured As A Passenger In A Car Accident?
After seeking medical attention for your injuries as a car passenger, you may wonder how the claim should be filed. Generally, you should file a car accident claim with the driver’s auto insurance policy. You may do so in many states by claiming the driver’s personal injury protection or Med Pay insurance if they have it. You may also file a claim on their bodily injury coverage.
Talk to a car accident attorney if you have questions about filing a claim on the driver’s policy. You may worry about filing a claim on your friend’s or relative’s policy. However, getting compensation for your injuries is paramount. Besides, in most cases, the insurance company pays, not the driver personally. You shouldn’t hesitate to file a claim against the liable party, whoever it is.
The Other Driver’s Insurance Policy
However, if another driver caused the crash, you may want to file a claim against that driver’s policy. Each state requires a minimum amount of insurance for each driver. Many states may require $25,000 or $30,000 of coverage for bodily injury. Bodily injury and property damage liability are two types of insurance that most drivers must have.
A few issues may crop up when you file a claim on the other driver’s insurance as an injured passenger. Sometimes, the driver may not have sufficient coverage to pay for your losses. Also, it can be challenging to file a claim as a passenger on the other driver’s policy. The fault for an accident is sometimes unclear. This can lead to a long process as various insurance companies determine who is at fault.
There is a chance that the liable driver lacks car insurance, too. You should consult a car accident lawyer to understand other options for receiving compensation for your losses.
You may be better served by retaining a car accident attorney to file a claim on the other driver’s auto insurance. You will know that your rights are being represented and have the best chance to receive compensation.
Your Auto Insurance
Another option if you’re an injured passenger in a car accident is to file your accident claim with your insurance company. If you paid for personal injury protection, you can use it to cover your medical bills. Your insurance company may eventually seek reimbursement from the at-fault driver’s policy. Note that your insurance rates can rise if you make a claim, which is unfair as you didn’t cause the accident and weren’t driving.
You also can use your personal health insurance to pay your medical bills. This action can help reduce your out-of-pocket costs. But you still may have to pay deductibles and meet copays. If you receive a settlement later from the liable driver’s policy, your health insurance company may seek reimbursement. An auto accident attorney can assist in this situation.
Generally, if injured as a passenger in an auto accident, you should immediately retain a car accident attorney. Understanding how and with whom to file a car accident claim can be confusing. You also want to avoid the possibility of being blamed for the accident.
Can A Car Passenger Be Found Liable For A Motor Vehicle Accident?
Rarely, but it’s possible. In every state, passengers in a car have a duty of care, even if they are not behind the wheel. Duty of care means a legal requirement to act safely and prudently in a given situation. Sometimes, a vehicle passenger can be partially liable for a car accident if they violated the duty of care. Some examples are:
- You distracted the driver by talking, touching, arguing, hitting, or doing something that caused them to take their eyes off the road.
- You encouraged the driver to drive dangerously, such as speeding or tailgating.
- You interfered with the vehicle’s movement by grabbing the steering wheel or pulling the emergency brake.
- You prevented the driver from being able to see the road by obstructing their vision.
You should speak immediately to a car accident attorney if you are being blamed for causing the car accident. You need a skilled attorney to stand up for your rights and ensure you are not wrongfully blamed for the crash.
Why Hire A Car Accident Attorney As A Passenger?
If you were a passenger in a car accident, it’s always best to retain a personal injury attorney. Your attorney will represent you and no one else in the accident. Every driver will probably have an attorney, and you should, too. Your lawyer will understand how the accident happened and help you understand if you can receive compensation from the liable party. A car accident attorney will also ensure that no one improperly blames you for the car accident.
Also, always seek the help of a car accident attorney as a car passenger in these scenarios:
- You have serious injuries. If you have major injuries as a passenger in a car crash, get a car accident lawyer. You want to be sure you receive fair compensation for your medical bills, lost earnings, and pain and suffering. Don’t hesitate because you don’t want to file a claim on your driver’s policy. Usually, the insurance policy will pay if the driver is liable, not the driver personally.
- You have permanent injuries. Some accident injuries are catastrophic and permanent, such as a brain injury or spinal cord damage. You can have millions in medical bills and lost earnings, so receiving maximum compensation for your losses is vital.
- Disagreements over liability and who pays. Suppose four vehicles were involved in your accident, and you were a passenger in your friend’s car. Four or more insurance companies are disputing who was at fault, and several people are hurt. You can find yourself without proper representation as an injured passenger. Hire a car accident attorney to ensure you receive what you deserve.
- Legal complexities. Some auto accidents involve more than two vehicles, a government motor vehicle or a tractor-trailer. These cases are more complicated, and you should always have an auto accident attorney as a passenger. Someone is liable for your injuries because you weren’t driving, and your personal injury attorney will find out who.
Potential Compensation In A Car Accident
As an injured passenger, what compensation can you receive? Assuming one of the drivers is found liable, you can receive funds for:
- Medical bills: You should receive compensation for your current and future medical bills. Don’t make the mistake of not hiring a car accident attorney and believing that the insurance company will pay your medical bills. It may not pay all of your bills, and it may balk at paying for future medical care for a severe injury. A car accident lawyer should review any settlement offer and ensure that your future medical needs are met. You can, for example, have a severe back injury that requires many hospitalizations and surgeries for several years in the future. You need money to pay for long-term medical care.
- Lost earnings: You should receive payment for any lost work time related to the accident injuries. You also must receive payment for lost work in the future for a severe injury. A car accident attorney should always be consulted to ensure you receive lost earning capacity compensation for a catastrophic injury. If you broke your back and are paralyzed, you probably won’t work again, and you should be paid for that.
- Pain and suffering: Severe injuries are painful, as are the treatments. You should be paid for the pain and suffering, and mental anguish caused by your injuries. Determining pain and suffering compensation is difficult; the insurance company will try to underpay you. A car accident attorney will talk to your medical team and obtain proof of your pain and suffering.
Do not attempt to estimate your own damages for a severe injury. Most accident victims don’t understand the full value of their accident claims. Most injured parties deserve much more than current medical bill coverage. Talk to a car accident attorney now; they will understand the nature of your injuries and the full case value.
What If You Were A Public Transportation Passenger?
Another possibility is being a passenger in a bus, train, or other type of public transportation. Public transportation entities and drivers have a high duty of care to move passengers safely from place to place and keep their vehicles in safe working order. If the public transportation driver or entity violated their duty of care and injured you, compensation may be available for your losses.
Lawsuits against public transportation entities are more complex than regular auto accidents. Limited statutes of limitation can apply to filing a claim. Speak immediately to a personal injury attorney if you suffered an injury as a passenger on a train or bus. Multiple parties can be responsible for your losses, such as the driver, maintenance company, various state and local agencies that operated the vehicle, etc.
What Can You Get In A Car Accident Lawsuit As A Passenger?
You are just as entitled to compensation in a lawsuit as anyone else if you suffered an injury as a passenger in a car crash. However, there is no ‘average’ settlement you can expect. Everything depends on your case’s factors. Your personal injury attorney can provide a case value estimate based on these variables:
- The severity of your injuries: Severe injuries are worth more than minor ones. A broken back with paralysis can be worth hundreds of thousands in the first year alone. On the other hand, a broken wrist would be worth much less.
- Amount of medical bills: Someone with $500,000 will receive a bigger settlement than someone with $10,000 in medical bills. You also can receive more because of your future medical needs, which your attorney will accurately calculate.
- Lost work time: Someone who cannot work again because of catastrophic burns will have a higher settlement than someone who misses a week. A car accident attorney will retain economists and occupational experts to gauge your lost earning capacity.
- Your age and profession: Someone 30 with a Ph.D. and high income will have a higher case value than someone older with an associate’s degree.
- Whether you settle or sue: A settlement is usually worth less than your case’s full value. However, accident victims settle to receive money faster than they usually do in a lawsuit. A settlement is also guaranteed once you sign the paperwork. A trial’s outcome is unknown.
- Your attorney’s skill and reputation: A car accident attorney with hundreds of successful case verdicts and settlements may encourage the insurance company to offer a fair settlement. There is a risk of going to court against a fierce litigator and paying much more.
Speak To A Car Accident Attorney Today
Were you injured in a car accident as a passenger? It is difficult to know how to receive compensation for your injuries and who to hold liable. A skilled car accident attorney can sort out your situation and ensure you are fairly compensated for your losses. Speaking to an auto accident attorney today for more information is your best choice.
