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Passenger In a Car Accident

by | Jun 10, 2021 | Blog | 0 comments

What should an injured passenger do after a car accident?
As an injured passenger after a car accident, you may be feeling scared and helpless. You weren’t driving either car involved, and your insurance isn’t responsible for car repair claims however, you are still a victim of personal injuries caused by the accident.
These personal injuries may induce lofty medical costs, lost wages, and other expenses. The following are some examples of actions to take.

Can I receive compensation for personal injuries sustained from a car accident as a passenger?
Yes, in many cases, passengers injured during a car accident still have every right to receive compensation. Always document as much as possible from the accident scene, including photos, and take the right steps following the accident to ensure a smooth claims process.

Get everyone’s information involved in the car accident
Even as a passenger involved in a car accident, you should be included in the information exchange process.
Your insurance is not responsible for your injuries, as you can’t be found at fault.
The claims process determines which driver is at fault for the accident at hand.
However, the personal injuries you received as a result of the accident will incur medical expenses, lost wages, and more. Those costs are directly related to the accident and will fall under the responsibility of whoever is found at fault.
Make sure to get both drivers’ information, as well as information on the car accident police report.
Whether fault seems obvious or not, it is smart to obtain information from all possible sides to cover your bases.

File an injured passenger claim after the car accident
Just as the drivers will file car accident claims, you should file an injured passenger claim. You have the option of filing a passenger injury claim with only one insurance company if the fault is apparent. However, if determining fault is challenging, you can always file your passenger injury claim with all involved drivers’ insurance companies and allow them to decide who’s responsible for your claim.
Whether you choose to claim your injuries on one or multiple insurance companies, it is considered a third-party claim. This means you are not making any claims with your own insurance company. While not the most obvious option, you can also consider filing with your own insurance policy. In fact, No-Fault states often encourage passengers to either pursuit the PIP on their insurance.

Hire a Personal Injury Lawyer
If the insurance companies are in dispute over who is at fault and neither company wants to claim responsibility for your injuries, a lawsuit may be your next option.
Filing a personal injury lawsuit for additional damages may be the route you need to take to ensure you receive the proper compensation you deserve.
However, even if you do not need to take your claim to court, hiring a personal injury attorney is always advisable.
At Joshi & Patel we will help guide you through each step of the process and advise how you should approach your insurance claims and whether or not you should sue for additional damages.
Are you an injured passenger seeking legal representation?

Joshi & Patel offer a free case evaluation, no obligation consultation. Once it has been determined that you have a case, we will work for you on a contingent fee basis. In other words, you don’t pay your personal injury attorney fees up-front. Instead, you sign an agreement to pay us a percentage of your settlement amount. You pay us absolutely nothing unless you recover.

Remember that a personal injury lawyer already has extensive experience with the settlement negotiation process, and can negotiate much more effectively than someone who is unfamiliar with personal injury law and will ensure the best outcome for your case. We fight for compensation to cover your expenses, including costs for medicines and treatment, and damages for your loss of income resulting from the accident. We use advice from medical experts to understand your injuries and the medical needs they entail to determine how much compensation to seek for you. Your welfare and best interests are our sole priority, whether we are negotiating a settlement or representing you in the courtroom.

**Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.