Passengers in Car Accidents Entitled to Compensation
Accidents happen every day, and often, it’s the passengers involved who experience some of the most devastating consequences. Whether those consequences include medical complications or psychological harm, the passenger in an accident is absolutely entitled to compensation.
If you were a passenger in a car accident and obtained an injury of any kind, you should be sure to pursue your rights to fair compensation. Whether it’s a personal injury claim, an insurance claim, or both, an accident lawyer can help if you were the passenger in a car crash.
If you need legal assistance, do not hesitate to reach out to one of our dedicated and highly experienced car accident lawyers at Munley Law Personal Injury Attorneys.
When to Pursue Legal Action in a Car Accident
A common mistake many passengers injured in a car crash make is not wanting to pursue a personal injury claim or any legal action for fear of causing harm or negative implications for the driver.
Particularly if the driver involved in the accident is a friend or family member, including immediate family member or extended family member. The passenger may be afraid if they were to file a claim or pursue compensation, it would have negative consequences on their loved one.
However, in the vast majority of occasions, this is not true. As a passenger in an accident, you are often able to receive compensation without having to turn to a personal injury suit against an individual. Instead, you would make an insurance claim against the driver’s insurance company. Or the driver of the other vehicle. If both drivers share liability for the accident, it could be your legal right to receive compensation from both companies.
If you’re questioning “What happens if you are a passenger in a car accident?” the best way to get an answer — and fair compensation — is to consult with a car accident lawyer. From how to file a personal injury claim to dealing with driver’s insurance companies, a car accident lawyer can help you navigate what to do if you are in an accident as a passenger. Contact Munley Law today for a free consultation or free case review.
When to Sue as the Passenger in a Car Accident
If you, as the passenger, have your own car insurance policy, your insurance policy would typically cover your medical expenses after an accident. If you don’t have your own insurance (for instance, if you are not a driver yourself), you should be covered by the driver’s insurance policy.
In the state of Pennsylvania, all vehicles are required to be insured. However, like with all laws, this rule is sometimes broken. If you are in a situation where none of the liable parties are insured, or their insurance coverage is not sufficient to meet your needs, you may need to file a personal injury suit. In a case like this, where legal action is required, it’s important to determine who is at fault.
If Your Driver Is Liable, When to Make Personal Injury Claim
The driver of your car bears the brunt of the responsibility for your safety. If they are guilty of any kind of negligence, such as texting while driving, or if they made any kind of preventable mistake while driving, they may be at fault.
This will be determined by an investigation (as with all accidents, it’s important to file a police report immediately after the accident, which will serve as the official record of the incident). If the driver’s insurance policy of the driver in your vehicle does sufficiently cover your medical expenses, you may need to pursue a personal injury suit against them.
If the driver of the vehicle you were in is someone with whom you share a blood or legal relationship, that may impact your course of action. For instance, if your spouse was driving while the accident occurred, you may be covered under their insurance.
If the Other Driver is Liable
Conversely, investigators may find the other driver (or drivers) liable for the accident, and therefore your injuries. Again, ideally, you would be able to file a claim with the other driver’s insurance company, though this depends whether you live in a no-fault or fault based state. If the driver does not have adequate insurance, you may need to file a personal injury suit.
In an accident case where both drivers share liability, you may be able to put in a claim with both insurance companies in order to cover your medical expenses.
When a Passenger Is Liable
It’s very unusual for investigators to determine that passengers are liable for a car accident. However, it is possible. If a passenger’s actions are determined to be negligent in some way, they may be partly at fault for the accident.
For instance, if the passenger provoked the driver to drive in a reckless way, that is a factor investigators may consider when determining fault in the accident. Additionally, there are some factors that could cause an insurance company to reject a passenger’s claim; for example, they may do so if the passenger willingly got in a vehicle driven by a drunk or otherwise impaired person.
Why Hire a Munley Car Accident Attorney
If you’re wondering “What are my rights as a passenger in a car accident?”, a Munley Law accident lawyer experienced in litigating car accidents can help. When an accident occurs, the last thing you’re going to want to stress about is how to file an injury claim, how to deal with driver’s insurance company, how to determine personal injury, and more.
If you have been injured as the passenger in a car accident and are seeking legal action or want to pursue compensation, reach out to our personal injury and car accident attorneys. We do not get paid unless we win. A passionate injury lawyer at Munley Law will fight tirelessly to win your accident case or personal injury case. Contact Munley Law today for a free case evaluation.
