When motor vehicle accidents happen, drivers aren’t the only ones who may become injured or experience other damages. If there are passengers in any of the vehicles involved in the accident, there’s a chance that they were also injured. When this happens, passengers may be confused as to how they can receive sufficient compensation for their damages and injuries since they were not the ones who were driving and therefore their own insurance isn’t affected or involved.
What Do If You Were In An Accident As A Passenger?
There are a few key things that a passenger should do immediately following an accident they were involved in. These things include:
Get Contact And Insurance Information
An important step to take immediately following any accident is to get the contact and insurance information from all drivers involved. This includes both the driver of the other vehicle as well as the driver of the vehicle you were riding in if you don’t have their contact information already. Be sure to get the name, phone number, address, and the driver’s insurance policy information.
Seek Medical Treatment
Even if you don’t believe you’ve been injured or been injured severely enough to require medical attention, it’s always advised to still seek medical treatment after an accident. This is because some injuries caused in car crashes do not make themselves known until hours, weeks, or even months following the accident. For example, whiplash is a common injury sustained by passengers in a car accident and can take several hours or days for its effects to be felt.
You can seek medical treatment by riding in the ambulance that is dispatched to the scene of the accident. The paramedics will perform a basic physical check and tend to any immediate injuries. They will also take you to the nearest hospital to be further checked out by a medical doctor. Be sure to keep all documentation of medical expenses and diagnosis information, as this is important when making an insurance claim.
Call The Police
If the drivers of the vehicles do not contact the police, you should still do so. The police will arrive at the scene of the accident and determine who was liable for the auto collision. They will also document the details of the accident and create a police report, which is an important piece of information to have when seeking compensation from an insurance company.
Contact An Experienced Personal Injury Attorney
Working with an experienced personal injury attorney can ensure that the legal rights of car accident victims are respected and that you are sufficiently compensated for any damages and injuries you incurred as a passenger in an accident. Determining the right steps to take following an accident can be challenging and stressful, but a good attorney will fight for you and make sure your case is viable when going up against an insurance company.
Which Driver Should You File A Claim Against?
Determining who was at-fault in an accident isn’t always easy, and many passengers aren’t aware of who was responsible because they likely didn’t see the driving behaviors of the two drivers. For this reason, your attorney will likely recommend that you file a personal injury claim against both drivers as well as with your own personal auto insurance company. Most states require drivers to carry insurance that includes two types of motorist coverage that accounts for passengers. These types of coverage include:
Bodily Injury Liability
Bodily injury liability insurance provides compensation for any injuries that occur as a result of an accident that the insurance policyholder is responsible for. So, this insurance option will typically be available to injured passengers when they file a claim against the at-fault driver. Examples of what bodily injury liability insurance covers include:
- Lost wages
- Medical expenses
- Legal fees
- Funeral expenses
Most states have a minimum requirement for bodily injury insurance coverage, such as $25,000 per person involved in the accident. However, drivers can choose to purchase insurance coverage that is more than the minimum requirement. Drivers are also responsible for any amount that exceeds the insurance limits of their coverage.
Property Damage Liability
Property damage liability is another type of auto insurance coverage that most states require drivers to possess. Property damage liability, or PD, refers to insurance auto coverage that covers property damage caused by the policyholder to someone else’s property. For example, if you were a passenger in a car accident and a valuable piece of jewelry was destroyed as a result, you could potentially receive compensation from the at-fault driver’s insurance company through their personal damage liability coverage. Every state has a different minimum coverage requirement for this type of liability insurance. The most common requirement is $25,000 and is distributed on a per accident basis.
Do You Have To Prove Liability To Receive Compensation?
Luckily, passengers who are injured in auto accidents are not responsible for proving liability in order to receive compensation. In most cases, the passenger did not cause the auto accident and therefore is not at-fault in any way. This means that if you are injured as a passenger, you are legally entitled to receive 100% compensation for injuries and damages related to your car accident case.
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How Much Compensation Will You Receive?
There are several factors that play a role in determining how much compensation you will receive for injuries and damages sustained in an auto accident in which you were a passenger. These factors include:
- Your injuries: The extent of your injuries and the medical fees it costs to tend to them will play a role in how much compensation you receive. More serious injuries typically increase the compensation you will likely be entitled to.
- Financial losses: If you experienced any financial losses, such as lost wages as a result of not being able to work following the accident, you will likely be eligible to receive compensation for these wages.
- Damages: The extent of damage done to any of your personal property as a result of the accident will also impact how much compensation you receive. If you experienced significant property damage, you will likely be entitled to a larger settlement.
Can You Sue Your Family Or Friends?
Most people ride as passengers in vehicles who are driven by friends or family members. This can make filing a claim against the driver, who is likely a friend or member of your family, uncomfortable and challenging. However, it’s important to remember that it isn’t your friend or family member who will be paying for your expenses and damages, it’s their insurance company. And, filing a claim against them will not impact their driving record or insurance premium any more than the accident itself will, so you should not feel guilty about seeking compensation from their insurance provider.
One thing to keep in mind is that many insurance policies exclude insurance coverage for family members who live together. This means that if your family member was driving the vehicle and you currently reside with them, their insurance will likely not pay out a compensation for your expenses.
How To File A Claim With Another Person’s Insurance Company
Before filing a car accident claim, you may want to first speak with an experienced car accident lawyer to determine if that is the best course of action. If they agree that filing a claim is the right step, you’ll first want to determine how much your injuries and damages are worth. This can be done by accounting for all medical bills, property damage, lost income, and pain and suffering.
Once you have a concrete number, you’ll contact the other person’s insurance company by calling its claims department. You can find this number on the insurance company’s website on the person’s insurance card. After filing the claim, the company will have one of its claims representatives contact you to take a statement. They will then investigate the accident and determine the settlement amount the insurance company is willing to pay out to you.
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Contact The Car Accident Attorneys Of Florin|Roebig
If the car insurance company comes back and will not provide you with adequate compensation for your injuries and damages, it’s best to have an expert personal injury lawyer on your side to fight for you in court. Give the law firm of Florin|Roebig a call today for a 100% confidential and free consultation.
