Can I File A Personal Injury Claim As A Passenger In An Auto Accident?
by
Alex Davis on Jan. 27, 2021
Accident & Injury Car Accident
Summary: Road accidents are quite common today. With the increasing number of vehicles on the road, increase in road traffic, distracted driving, and driving under the influence, the percentage of accidents has grown. Car accidents that can cause substantial injuries as well as pain and suffering to a victim who could be entitled to compensation. It is not always the case that the driver will be a victim of the accident. In some cases, even passengers can be victims of a severe accident. If you were a passenger and victim of an auto accident, you may be able to improve your chances of proving your claim for compensation with the help of an attorney who specializes in these types of cases.
Road accidents are quite common today. With the increasing number of vehicles on the road, increase in road traffic, distracted driving, and driving under the influence, the percentage of accidents has grown. Car accidents that can cause substantial injuries as well as pain and suffering to a victim who could be entitled to compensation. It is not always the case that the driver will be a victim of the accident. In some cases, even passengers can be victims of a severe accident. If you were a passenger and victim of an auto accident, you may be able to improve your chances of proving your claim for compensation with the help of an attorney who specializes in these types of cases.
Filing your Passenger Injury Claim
Suppose that you were a passenger who was injured in a car accident. In that case, your injury claim should proceed like any other category of a car accident claim, except for one very important difference. Your case was an accident involving more than two parties. This means that you may be entitled to file a lawsuit against the other two drivers and even other passengers if they contributed to causing the accident in any way.
Passenger Injury Claim In a No-Fault State
In this case, the accident you have been involved in occured in a no-fault state. This means that as a passenger you may be able to file a PIP that is, personal injury protection, or a no-fault claim, against the driver for the medical expenses, pain and suffering as well as lost earnings. Moreover, you as a passenger will want to attain the insurance details for every driver and file claims with every driver's insurance agency.
Once you have been treated for an injury, your case might be ready for a settlement. This is one of the many reasons why it is essential to consult with an experienced personal injury (PI) lawyer. Your lawyer will help you evaluate the legal options you have, which might involve settling your claim or litigating it in court.
Passenger Injury Case in a Two-Car Accident
In this situation, there might be specific disagreement over liability between the insurance agencies of each driver that can unnecessarily delay settlements or litigation in court.
Multiple Passenger Injury Claims
In this scenario, when a vehicle with three passengers is rear-ended, all of the vehicle's four occupants may incur a serious injury. Each of the parties involved who are injured may file a claim against one or both drivers who are at fault. If the value of the injury has exceeded the insurance coverage amount of the driver at fault the injured victims may want to consider further litigation or negotiate a settlement with the driver who was at fault.
The injured passengers may have to file a lawsuit to settle the issue of the amount that each of them will get. This means that all the injured individuals may have to take the cost for compensation of losses out of the same source. In this scenario, the injured parties may not be able to reach a settlement with one another about the amount that everyone believes they deserve. The insurer might not agree to settle with any of them in some cases.
If you are a passenger who has been injured in a vehicle accident and have questions regarding your legal rights, you might need to talk about your options with a car accident attorney.
If you have recently been involved in an accident, your initial focus should always be on your physical, mental and emotional recovery. Once you are done with receiving medical treatment, speak with an attorney so that you can receive professional guidance on how to handle the situation in a better way. A reliable and reputable car accident lawyer can help you in not only navigating the legal process and in presenting your strongest claim for compensation, but also increase or maximize the amount of compensation that you deserve.
With a reputable Los Angeles Personal Injury Attorney at Prosmushkin and Davis P.C., you can rely on our team to provide you with the best legal assistance for your case. We can assist you through every stage of the legal process.
