Passenger Injury Claims After An Accident

Posted on: 1 February 2021

If you sustain injuries as a passenger in an auto accident, there are a few steps you can take to get compensation. It's important to have a car accident lawyer to make sure you don't overlook anything. Furthermore, a lawyer will look out for your best interests. Here's an overview of passenger injury claims after an auto accident.

Proving Fault

The first thing in a passenger injury claim is proving liability. Your car accident attorney will prove that someone else was at fault and the damages owed to you. If you're partially liable for the accident, you may lose your claim or get a partial damage award depending on whether you're in a comparative or contributory negligence jurisdiction.

If the accident involved two vehicles, one of the drivers will be liable for your injuries. In a one-car accident, the driver is usually at fault. The general rule is that a driver is negligent if they hit a stationary object or acts recklessly. You can prove damages through medical bills, loss of income, and evidence of non-economic losses such as pain and suffering caused by the injuries.

Filing a Claim Against the Other Driver's Insurance Policy

If the driver driving the vehicle you were in is at fault, your car accident lawyer can file a claim against the driver's insurance company. This means the insurance company will compensate you for your injuries. The driver's insurance liability covers medical costs, lost income, and pain and suffering up to a certain limit. Your lawyer will instruct you about the compensation limit for your case.

Filing a claim against the driver's insurance may not be applicable if you're related to the driver. An insurance policy cannot cover an injured person who's related to the driver because it's equal to covering the insured driver.

Additionally, if the accident involved two vehicles, your lawyer can make a claim against the other driver's insurance company. This means you can collect from both insurance companies if both drivers were liable for your accident.

Filing a Claim Against the Passenger's Policy

Your car accident attorney can also file a claim against your automotive policy. This type of claim is for the medical payments portion of the policy and does not require you to be liable for your injuries. However, this policy does not cover pain and suffering, lost income, or any other expenses.

If you receive medical expenses from this policy and then later get compensation from the driver's insurance policy, the court will deduct the amount paid out from the passenger policy from the driver's liability settlement.

It's worth noting that receiving compensation from the insurance companies will depend on whether you're in a fault or no-fault state. Your lawyer will advise you about the best course of action based on these legal technicalities.


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