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Recovering Compensation as a Passenger in a Car Accident

If you or somebody you care about has been injured due to the negligent actions of a driver while you were the passenger in the vehicle, there could be various methods of recovering compensation for your expenses related to the incident. There are multiple routes that you may need to explore when creating an insurance claim as an injured passenger

Who can be held liable for damages?

A passenger injury claim would proceed much like other car accident claims, except there is not going to be much likelihood that the passenger will be blamed for the incident (this is possible, but rare). In some cases, a passenger’s claim may involve multiple parties, depending on which driver was at fault or if the fault was shared.

The passenger, while receiving medical attention or after recovering, can file an insurance claim against one or both parties involved. Negotiation between both insurance companies of the drivers will occur, and it will need to be determined what percentage of fault both had for the incident. An injured passenger could potentially get caught between a case of two insures debating over which driver is more responsible. In order for the passenger to get the maximum compensation for their case, they may need to speak to their own attorney.

If there are multiple passengers that have sustained an injury, all claims made against the negligent driver would potentially exceed the individual’s coverage policy limits, which could result in the passengers receiving less compensation than they should.

How can an attorney help you?

Those who are involved in an accident often face an uphill battle to receive compensation. These cases can be complicated, with disagreements between insurance carriers about driver liability. Luckily, there are numerous options that are available to passengers involved in a car accident.

Insurance companies will at first try and solve the issue of which party is at fault for the incident. A Coweta County personal injury attorney instead will properly launch an investigation in order to determine the facts of the accident. They will obtain evidence from a variety of sources, such as statements from parties or witnesses involved and obtaining police reports.

Who can be at fault for a car accident with a passenger?

If the at-fault driver is determined to be the one driving a vehicle containing a passenger, the passenger has the ability to legally file a lawsuit against the insurance policy of that driver. This could lead to the passenger being properly compensated for medical expenses or other damages

However, certain regulations are applicable if the passenger is a relative of the driver. Most insurance policies usually will not allow the coverage of injured individuals that are related to the driver because the relative will likely be considered to be covered under that policy.

Passengers also have the option to file a lawsuit to recover expenses related to their car accident injuries. These lawsuits can be against any at-fault party and their insurance carrier (unless the injured passenger is a relative of an at-fault driver). A lawsuit will be necessary if the insurance carriers refuse to offer a fair settlement. In a lawsuit, passengers could potentially recover compensation for their medical bills, lost wages, and pain and suffering damages.

To protect you from COVID-19, Kam, Ebersbach & Lewis is available for new and existing clients with an easy remote intake process. Contact Us Now