How to File a Passenger Accident Claim

If you were injured as a passenger in a car accident, there are multiple parties that may be responsible for your injuries and damage. In order to determine who is responsible or at least apportion the fault to each party appropriately, it is important to find out what actually caused the accident to occur. In some instances, the driver of the car in which the passenger was riding in could be found to be at-fault. This is often the case when a passenger is injured in a crash involving only one vehicle. However, when there are multiple vehicles involves and multiple cars involved, determining fault can become more complex. In accidents involving two vehicles, the passenger can choose to file a claim against the driver of the other vehicle involved in the crash. If two or more parties are both partially responsible for the accident, an injured passenger can choose to file a claim against each party individually or join both parties together in a lawsuit. Navigating through the lawsuit process can be challenging. For that reason, we recommend you contact a car accident lawyer so that you can go over the claims process and determine who you should file a lawsuit against as an injured passenger in a car accident.

Injuries and Damages in Passenger Accident Claims

Due to the fact that passengers are by definition not drivers, they usually face no liability in a car accident claim or lawsuit. However, if a passenger is injured in a car accident, they have the ability to recover compensation for their damages and injuries sustained in the car accident. Generally, passengers can recover the following types of damages: medical and rehabilitative expenses, both past and future; past and future pain and suffering (emotional distress); and lost income and any reduction in future earning capacity. In addition, a passenger may be entitled to punitive damages if they can establish by clear and convincing evidence that the at-fault party injured them willfully, wantonly, or recklessly in the car accident. The amount of damages that will be awarded in a passenger accident case truly depend on the severity of the injuries sustained and/or financial losses caused by said injuries. What you can do to protect your rights is to make sure you document all of your injuries as soon as possible after the accident if not immediately after the crash. Additionally, it is important to take the right steps after an accident, try to seek immediate medical attention after an accident or at least make sure you get checked out by a professional, just to make sure everything is okay. Some injuries appear weeks or months after an accident. Any delay in obtaining medical treatment could potentially hurt your car accident claim or lawsuit in the future. Here are some of the most common types of injuries passengers sustain in car accidents:

• Whiplash
• Spinal Cord Injuries
• Brain Injuries
• Back Injuries
• Fractures and Broken Bones
• Neck Injuries

If you or a member of your family was recently involved in an accident as a passenger, you may be trying to figure which party to file a claim or lawsuit against and how much your car accident claim might be worth. As for value, there are multiple factors that can affect the value of a personal injury claim. Each case must be considered on its own particular facts. Even so, it is important to think about the severity of the injury sustained by the passenger, how permanency of the injury, pain and suffering, future cost of treatment and/or surgeries, etc. As for the filing of a claim or lawsuit, there are three main options available to you. The first is to file a claim against the driver of the car in which you were occupying as a passenger at the time of the crash. If the driver did not own the vehicle, you could join the owner of the vehicle as a defendant as well. Next, you can file a claim or lawsuit against the driver of the other vehicle in the car accident. Finally, if all else fails, you can file a claim with your own auto insurer along with a claim for PIP benefits, but you must get medical treatment within 14 days after the accident. After any type of crash, you should consider talking to a personal injury lawyer to learn what your rights and obligations are under the law. An experienced car accident attorney will be able to analyze your claim and help you get a clearer picture of the value of your claim.