In many auto accidents, there are more than two people behind the wheel who suffer damages due to the negligence of drivers. Those car passengers can also pursue a legal claim against the at-fault party to obtain compensation.
However, car passenger accident claims are dealt with differently and come with a set of challenges, which makes it important to remain informed. Were you a passenger in a car accident? You must know your rights. Here is what you need to know:
Who Is Liable To Pay Your Medical Expenses?
First things first, if you become a victim of an auto accident, you must seek medical attention immediately. Call emergency services and make sure you seek the treatment immediately as delaying it might cause problems in proving if your injuries are directly related to the motor vehicle accident.
If you have Personal Injury Protection insurance (PIP), your motor vehicle insurance company will cover a portion of your medical expenses. If you don’t have PIP coverage, then your healthcare insurance can pay for your treatment.
How To Initiate A Legal Claim For Damages?
Your damages might not be limited to medical bills. You should pursue a claim with the at-fault driver’s insurance company to obtain rightful compensation for your pain and suffering. It can be challenging to initiate a claim as a passenger.
You are unlikely to have contact details of the other driver. You will require a police report to get the relevant information so you can start legal proceedings. It’s recommended to file a claim with both driver’s insurance company to keep your legal rights protected.
Can You Be At Fault?
As a passenger in a motor vehicle, the chances of your being at fault are extremely remote. But there are instances where a passenger is found partially responsible for their injuries. For instance, not wearing a seat belt can be constituted as comparative negligence and limit your claim.
Moreover, if your car’s driver was under the influence of alcohol and yet you agreed to travel as a passenger, it could be deemed that you accepted the risk of getting injured; hence the available damages may be limited or waived.
Establishing Liability
You will need to prove the negligence of the at-fault driver to establish liability and obtain compensation for your pain and suffering. Your car accident attorney will help determine which party was at-fault by evaluating the evidence and facts of the case.
Whichever driver is found to be at-fault, their insurance company will pay damages, which will include medical costs, lost wages, and more.
Your attorney will play an instrumental role in determining which party was at-fault and formulate a strong case to ensure you’re entitled to obtain the maximum amount of compensation for your loss and sufferings.
If you were a passenger in a car accident in Little Rock, hire a car accident attorney to keep your legal rights protected.
The Law Offices of Lisa Douglas is a reputed legal firm that will provide legal counsel to help you obtain rightful compensation for your pain and suffering.
Call at 501-798-0004 to schedule a consultation or find out more about our services.
