Can You File a Claim as a Passenger of the At-Fault Vehicle?

If you’ve been injured as a passenger in a car accident, call an auto accident attorney in Henderson for help.

We typically discuss what happens when a driver files a personal injury claim against an individual who is responsible for an accident. However, what about the passengers who were injured during that same accident? As a passenger in a car, you rely on the driver to bring you to your destination safely. However, accidents can and do happen on a daily basis. If you were involved in a car accident at no fault of your own, you may have ended up with some very serious and expensive injuries.

If you were recently injured as a passenger in a car accident, you might be wondering what type of claim you can make. You may be out of work and have mounting medical bills, and you need some form of compensation to continue your recovery but are unsure how or who to file with. As a passenger in a car accident, you have different options to get compensation depending upon your particular situation. Below are just a few aspects you need to keep in mind while you’re planning to file a personal injury claim.

Can the Claim Be Filed With the Driver?

When you step into a car with the driver, the driver is then responsible for your safety. If that driver is irresponsible or makes a mistake that ultimately leads to an accident as well as your injury, their insurance should be responsible for covering your expenses.

The driver’s insurance policy will typically have a designation in the coverage specifically for injured passengers. You may file a claim towards the driver you were with to get the compensation you need for lost wages and medical bills. However, the coverage for this type of insurance is typically very low. If your injuries are serious, there may not be enough to even cover your medical expenses.

Filing a Claim Against the Other Driver

If the other driver of the accident isn’t declared to be completely at fault, you may not have the opportunity to file a claim against their insurance policy. However, if both drivers share fault in the accident, you have the ability to file a claim for passenger injury insurance. In order to get financial support from the other driver’s insurance policy, you’ll need to prove that they had ultimate fault in the accident. This will require witness testimony, evidence, and much more. In these types of situations, a personal injury lawyer will gather this type of evidence and build a strong case around it.

Suing the Responsible Driver for Additional Coverage

If your injuries are severe, you may look into suing the responsible driver for more financial damages. While this can typically be a long and arduous process, it is also financially rewarding. This is especially true if you have had extensive treatment for your injuries or require long-term care.

The option as to whether you can pursue a claim is going to be dependent upon your relation to the driver. If the driver of the vehicle was an immediate family member, you could be considered an insured individual on their insurance policy. In this type of situation, you would not be able to sue for additional financial damages.

However, if the driver was a coworker, friend, or even an extended family member, you are given the right to file for additional compensation. If you choose to take this course of action, it is advisable to hire a personal injury attorney.

Can a Passenger Be Considered at Fault in a Car Accident?

As a passenger in a vehicle, you’ll typically not be held responsible for an accident, meaning that you will be able to receive full compensation regardless of who was at fault. However, it is important to understand that there are some scenarios where the driver’s insurance policy may dismiss your claim.

You were to enter into a vehicle within individual you knew was under the influence, you may not be given the right to receive any form of compensation. While you are not being held responsible for the accident, it was your decision to get into the vehicle with a driver you knew was under the influence and unable to drive in a safe manner.

Contact an Auto Accident Attorney in Henderson for Assistance

If you were injured in a car accident as a passenger, you call a local personal injury law firm as soon as possible. A professional legal team will be able to help you receive the compensation you need for damages, lost wages, and medical bills.

As the passenger involved in a vehicle accident, you must understand your rights in receiving compensation from the at-fault driver. There are going to be unique circumstances in which you may be able to receive compensation; a personal injury attorney will be able to give you an idea of what your case may be worth.