Can Passengers Get Compensated For Car Accident Injuries?
If you or a loved one has recently been involved in a car accident, it can be a traumatic experience for all. You may be injured and thus rightly interested in seeking compensation for your pain and suffering. Oftentimes, the driver of either vehicle initiates litigation, but the passenger has prosecution rights as well.
As the passenger, you may be entitled to separate damages due to the negligence of the driver or another party. In this article, we will reveal how passengers can receive compensation for car accident injuries and how a personal injury attorney can help.
Relation to the Driver
When you’re the passenger of an accident, you can sue the driver of the vehicle you were riding in at the time of the incident. Passengers are allowed to file liability claims against the driver if they believe his or her negligence caused the accident. However, there are some exceptions to doing so. For instance, if you are related to the driver and/or share a home with them, you cannot sue them for damages.
This exception makes pursuing compensation tricky, especially if you are involved in a one-car accident. For example, if a driver rams the vehicle into a storefront, that would be considered negligent behavior. If that driver happens to be your mother, you may not be able to file a claim against her liability insurance, but you can attempt to file a first-party claim against the driver’s policy.
Who Can You Sue?
If you are not related to any drivers, you can issue an insurance claim against all the drivers involved, and a personal injury attorney will help you with the proper filing.
By law, every driver is required to carry liability insurance. Passengers can file a third-party claim against the insurance carriers of those held responsible for the accident. Nonetheless, if one of the drivers can prove the absence of liability, such as the victim of a rear-end accident, then you should not pursue a claim against them.
Filing multiple claims is a good idea if one of the drivers has a fairly low coverage amount. You can petition the other insurance companies for the rest of your damages. The sole stipulation is that you can only receive compensation for the total amount of your claim. Damages cannot exceed the claim amount.
Can I File a Joint Lawsuit?
Passengers are able to file joint lawsuits with the driver of the vehicle they were occupying or with other passengers from the vehicle. In a multiple-passenger lawsuit, you can choose to pursue one driver or all of the drivers involved in the accident. The only drawback is that you may have to settle for less than your claim is worth, depending on the involved drivers’ insurance policies.
No-Fault States
A handful of states have no-fault clauses wherein the insurance company covers medical costs and lost wages no matter who is at fault. The passenger would file a personal injury protection claim (PIP) against the driver’s insurance company to receive compensation.
If you do not live in a no-fault state, you will have to file a formal claim against the driver’s liability insurance. Tennessee is not a no-fault state, so if your accident takes place in Tennessee, fault has to be determined before the insurance company will progress.
How Can Passengers Prove They Suffered An Injury In A Car Accident?
The possibility of receiving compensation for injuries suffered in a car accident can be an important consideration for passengers. A car accident lawyer can help passengers pursue fair compensation for medical expenses, including medical bills, that may result from a crash. Passengers should be aware that the driver’s insurance policy may cover the cost of medical expenses, and the driver’s insurance company may be responsible for providing financial compensation.
When filing a claim for compensation after a car accident, it is important to consider how the medical expenses will be covered. Depending on the type of health insurance the passenger has, it is possible that the health insurance company may provide coverage for the medical bills. However, if the driver’s insurance company is responsible for providing compensation, the car accident lawyer can assist with filing a claim against the driver’s insurance company.
In order to receive fair compensation for medical bills and other expenses related to car accidents, passengers should consider hiring a car accident lawyer. The lawyer can help passengers pursue the driver’s insurance company for compensation, as well as provide guidance on the best way to seek reimbursement from the health insurance company. Passengers should also be aware that they may be able to pursue compensation for pain and suffering resulting from their injuries. A car accident lawyer can help passengers determine the best way to pursue compensation for medical expenses and other damages related to car accidents.
What Types Of Compensation Are Available To Passengers Injured In Car Accidents?
When a passenger in a car is involved in an accident, they may be able to pursue a personal injury claim for compensation. Passengers should be aware that their car insurance policy may not cover all of their losses, so they should consider filing a claim against the other driver’s insurance policy. Depending on the other driver’s insurance coverage, passengers may be able to receive compensation for medical expenses, lost wages, and other costs associated with the car accident.
Additionally, passengers may be able to seek compensation for damages not covered by the other driver’s insurance policy. If the other driver does not have adequate insurance coverage, passengers may be able to pursue compensation from their own insurance policy. Depending on the coverage of the car insurance policy, passengers may be able to receive compensation for medical bills, lost wages, and other damages resulting from the car accident.
A car accident lawyer can help passengers determine the best way to pursue compensation from the other driver’s insurance policy. The lawyer can provide guidance on the type of compensation that may be available, as well as help passengers understand the other driver’s insurance coverage and determine the best way to pursue a claim for fair compensation. Passengers should be aware that they may be able to pursue compensation for pain and suffering related to their injuries, even if it is not covered by the other driver’s insurance policy.
Mitch Grissim Personal Injury Attorneys
Mitch Grissim & Associates are a team of personal injury lawyers that work with clients in Tennessee. We help passengers in car accident cases attempt to recover the damages and compensation they deserve. Contact us today to receive a free consultation.
