Typically, people presume that the injured driver only files car accident claims against the negligent driver. However, you must know that passengers injured in a vehicular collision may also have legal options to protect their rights and interests.
Since they may end up unable to pay for their medical bills, work and earn a living, and enjoy their life due to the injuries caused by the car accident, they also have the right to seek compensation for their losses.
So, if you’re injured in a car crash as a passenger, below are the three legal options you can consider from the get-go:
- File A Claim With Your Personal Insurance Policy
One of the legal options you can take into account when injured as a passenger in a car accident is to file an insurance claim against your own policy. To do this, you need to check the coverage of your vehicle insurance policy and see if it has personal injury protection.
You can use it to obtain remuneration for the payment of your medical bills. However, having this kind of protection in your insurance policy may cost you a considerable amount of money. This is because the premiums you’re going to pay may increase due to filing a claim.
Moreover, if you have a health insurance policy, you can also use it to pay the expenses you’ve incurred from the crash. For instance, the money you can recover from the insurance company can be used to reduce your medical charges.
- Institute A Claim Against The At-Fault Driver’s Insurance
If you believe the accident happened because of the other driver’s fault, you may also have the legal option to file a claim against their insurance policy. Since drivers must carry a minimum amount of insurance coverage for protection, you can probably get compensated through their policy.
Typically, drivers should have property damage liability to cover expenses relating to properties and bodily injury liability to shoulder costs about injuries. Hence, if you sustained an injury in a car collision as a passenger, you should file the claim using this coverage.
However, filing a claim against the at-fault driver’s insurance policy has some issues. For instance, if your injury doesn’t meet the requirements required set forth by the insurance or the driver has insufficient coverage, you can’t push through with your claim.
Moreover, going through the other driver’s policy can be challenging because you may need to prove that the accident resulted from their negligence.
Thus, it’s best to call a lawyer for assistance. They can help collect evidence to establish the other driver’s liability and improve your odds of getting an approved claim. They can also protect your rights if the insurer attempts to offer you a lower settlement than what you actually deserve.
- File A Personal Injury Lawsuit In Court
This is another legal option to consider when you’re injured in a vehicular collision as a passenger. If your insurance claims get denied, or the proceeds are insufficient to cover your losses, filing a personal injury lawsuit in court can be an excellent idea. Since most insurance policies don’t cover economic losses, you need to bring this legal action in court to seek compensation for the non-economic losses you suffered because of the car accident. These can include pain and suffering, emotional distress, and loss of enjoyment in life.
However, dealing with a personal injury lawsuit may require you to prove that the other party’s negligence caused the accident. In this situation, it’s essential to hire a personal injury lawyer to help you handle your lawsuit. With their knowledge, skills, and experience, they can increase your chance of winning your case. For instance, they can help you in the following ways:
- Evaluate the facts of your case to develop a strong defense strategy;
- Prepare all the paperwork to ensure everything is filed correctly and on time according to the applicable statute of limitations;
- Represent you in the mediation proceeding with other involved parties before the trial proceeds;
- Assist you in the evidence collection process and ensure the evidence collected can substantially support your claim;
- Provide solid legal representation during trial.
Bottom Line
Being injured as a passenger in a car crash can be devastating, especially if it interferes with your ability to earn and enjoy life to the fullest. Therefore, if your injury resulted in some significant losses, keep the information mentioned above in mind, so you’ll know what legal options you have. The more you know what to do after the accident, the better you can safeguard your interests.
Lastly, now that you’ve known these legal options, it’s best to seek legal assistance. A dedicated lawyer can help you get compensated faster and maximize your financial recovery.
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