What To Do If You Were A Passenger In A Car Accident

If you have been injured as a passenger in a car accident, your recovery is an important, but often underdiscussed component of car accident claims. While the good news is that the passenger is never at fault in a car accident case, there are some concerns which warrant involving a car accident lawyer to handle the case.

Below, our colleagues at The Layton Law Firm discuss important components of claims involving passengers in car accidents.

Reviewing The Accident Report

The accident report provided by the attending officer will help determine fault for the accident. Each accident report contains a narrative in paragraph form by the attending officer. It also contains numeric codes the officer enters, which apply to each vehicle. Those codes indicate which party was at fault. Generally speaking, as a passenger, you will pursue the insurance carrier for the at fault driver. In many states, if both vehicles are deemed at fault, you can recover a percentage of your claim from one insurance carrier and the remainder of your claim from the other insurance carrier.

Medical Payments Coverage

If your driver had active auto insurance at the time of the accident, their policy may contain something called Medical Payments coverage. This is an allowance for medical bills related to an accident and it is available to all occupants of the vehicle. This would be funds received in addition to any settlement reached. An attorney pursues these funds for you. If you also had an active auto policy at the time of the accident, your attorney will review your policy for the same. These funds can make a large difference in your claim payout, especially in smaller claims/injuries.

Underinsured Motorist Coverage

If your injuries are severe enough to exhaust the policy limits of the at fault driver, there will typically be a policy or policies which your attorney can pursue for the remainder of your claim. An experienced attorney will examine the insurance policies from all parties in the accident, to make sure you are receiving a fair settlement from the accident. This process can be confusing and having an experienced personal injury attorney to assist you is critical.

Most Cases Settle

Keep in mind that most personal injury cases settle. This means that in order to pursue a claim and compensation, you most likely will not need to take a deposition or appear in court. Generally speaking, as long as you are consistent with your medical treatment, your claim will settle out of court. This not only saves you months or years of time, but also saves you the large expenses of litigation which come out of a jury verdict.

Consult An Attorney

If you were injured as a passenger in a car accident, legal representation is paramount as you seek to recover physically and financially. Do not go through this alone. Contact an attorney today to discuss your case.