Filing a claim as a passenger in a car accident
If you are a passenger in a car that is in an accident and you are injured, you may wonder about filing a claim for your injuries. With sky high medical costs and not being able to work, you probably will look for compensation to assist with your recovery. But who should you file the claim with?
As a car passenger, you have a few options to obtain compensation depending on the case. Below are some things to remember if you want to file a claim as a passenger in a car accident.
Filing A Claim Against the Driver
The driver is responsible for your safety when you get into his car. If you are hurt in an accident, they are responsible for using their auto insurance to cover your bills.
Most car insurance policy have a section of coverage for passengers that are injured. You may file a claim against the car river and get your medical expenses and lost work time covered.
But this type of coverage is often quite low. If you have more serious injuries above a few thousand dollars, you may need to consider other options.
Filing a Claim Against the Other Driver
If the driver of the car you were in was 100% at fault, you might not be able to file a personal injury claim against the other driver. But if both drivers have fault in the crash, you may be able to file a claim against the other driver.
But to obtain compensation from the other river, you have to prove they share liability for the accident. You will need to show evidence, possibly witness testimony and more. Your attorney can best help you to compile this important information.
Suing the Driver for More Money
If you suffered more serious injuries, you could want to sue the driver for more than his insurance covers. This process can take a long time, but it can be very rewarding. If you need long term care and treatment for serious injuries, it could be your best option.
Whether or not you can do this depends on how you are related to the driver. If he is an immediate member of the family, you may be an insured individual on that policy. You cannot sue in this case.
But if the driver was a friend, you can file a lawsuit to get more compensation.
In most accidents, the passenger cannot be at fault, but there are a few exceptions.
If you get into the car with a driver you know is drunk, the insurance company may dismiss your claim. You could be held responsible for deciding to get into the car with someone you know is intoxicated.
You would need to talk to a good attorney in this case, because ‘knowing’ the driver was drunk leaves a lot for interpretation. A good attorney still may be able to get your claim covered by the insurance company.