Legal Rights of Passengers Injured or Killed in Pennsylvania Traffic Accidents
by
David J. Puzak on Mar. 18, 2023
Accident & Injury Car Accident Accident & Injury Wrongful Death Accident & Injury Personal Injury
Summary: Passengers injured in auto accidents have the right to take legal action against “at fault” parties. Because Pennsylvania is a “no fault” insurance state, there are three possible sources of money damages for injured passengers.
Legal Rights of Passengers Injured or Killed in Pennsylvania Traffic Accidents
By David J. Puzak, Esquire
Puzak Law Offices, LLC
Passengers injured in automobile, motorcycle or big truck crashes are almost always innocent victims. The injured passenger has the right to take legal action against “at fault” parties, seeking damages in the form of wage loss, medical bills and pain and suffering.
If the passenger was killed, families of the victim may bring action for the loss of the deceased party. For a more detailed explanation concerning passengers who have been killed, read our earlier article titled: “Explainer: Wrongful Death and Survival Actions in Pennsylvania”.
Injured passengers must first consider who action might be taken against, and if one or more insurance companies are involved. Because Pennsylvania is a “no fault” insurance state, there are three possible sources of money damages for injured passengers.
Other Drivers: Any driver involved in the accident that was an at-fault party can be responsible for your damages and losses.
Driver of the Vehicle You Occupied: Persons injured while riding in the vehicle of a friend or family are often reluctant to make claims against those friends or family. It is important to recognize that the claim is against the insurance company, not the driver personally. In some cases, this might be the only source of money recovery for your damages and losses.
Your Own Insurance Company: If you owned a vehicle but were not driving at the time of the accident, you can file a claim with your own insurance company. This is usually called your “PIP” or “Personal Injury Protection”. Remember that to seek compensation under your “PIP” coverage, you must get medical attention for your injuries within 14 days of the accident.
What if There is No Insurance Coverage
If the driver or other drivers who were the at-fault parties have no insurance coverage, your own auto insurance could come into play. This is the case even if your own automobiles were not involved in the incident. Check your policy for “Uninsured Motorist Coverage (UIM)” or “Underinsured Motorist Coverage (UM)” coverage and amounts. These provisions in your own insurance can provide coverage for medical bills and other losses if the at-fault driver does not have insurance coverage
Pennsylvania law allows injured passengers to recover money damages for all of their losses, pain and suffering. If the passenger was killed, families of the victim may bring action for the loss of the deceased party. For a more detailed explanation concerning passengers who have been killed, read our earlier article titled: “Explainer: Wrongful Death and Survival Actions in Pennsylvania”.
Free Consultation – Call Us Now
If you have been injured or lost a loved one who was a passenger in a traffic accident, act fast to protect your legal rights. Call us now for a free consultation. With over 20 years of experience in serious injury and wrongful death cases, we have probably seen a situation like yours before. Your consultation is free – and we never charge any fee unless we obtain a money recovery for you. Call 1-800-755-0245 or send an instant message through our website: http://www.puzaklaw.com. We look forward to helping you.
IMPORTANT: Every case is unique in its facts and circumstances. This article is for general information purposes and is not intended as legal advice for any particular case. We recommend consultation with a lawyer of your choice who can perform a thorough analysis of your situation and the particular rights and remedies that may apply.
©David J. Puzak, Puzak Law Offices, LLC
