Injured Car Accident Passengers Need an Attorney
You should always seek legal advice from a lawyer after a crash. If you’re an injured passenger, an attorney can evaluate your claim, determine who was at fault and make sure your needs are met.
How Much Can a Passenger Get in a Car Accident Claim?
You will likely have significant medical bills, and you may be unable to work. If you bear no fault for the accident as a passenger, you should not be responsible for the costs.
Hecht, Kleeger & Damashek P.C. fight to help clients recover the following damages and losses:
- Past and future medical bills
- Lost wages
- Loss of earning capacity
- Disability
- Disfigurement
- Pain and suffering
- Mental anguish
- Emotional distress
- Loss of consortium (spousal relationship)
No matter who caused your wreck, you should be compensated for the injuries that result.
Who’s Liable to The Injured Passenger?
All drivers in New York are required to have a minimum amount of car insurance to cover damages they may cause. So, no matter who is injured in a car accident, the at-fault driver’s insurance company should foot the bill.
A passenger in a car accident can claim the at-fault driver’s insurance company.
Injured Passenger Insurance Claims
If a passenger in a car is injured, the at-fault driver’s insurance company must pay out up to policy limits to cover injuries or deaths that occur.
In some cases, you may be able to file a claim against multiple parties. For instance, if multiple cars were involved, you could file against the driver or vehicle owner of the other cars involved in the crash. Additionally, you may be able to file a claim against the driver of the motor vehicle in which you were riding. Both had a duty to drive safely and ensure passengers of all vehicles were not harmed.
Pursuing Damages When Passengers Know the Driver
When you file an insurance claim, you are not obtaining money from the person you know. Their car insurance company is covering your damages. It’s not uncommon for injured passengers to file claims when they are in the at-fault vehicle.
Your friend or family member who was driving has paid premiums to this insurance company to ensure they are there to cover incidents like these. If their insurance company denies your claim, you may have to file a personal injury claim against the at-fault driver and their insurance company.
However, keep in mind that their actions or inaction caused the accident in the first place. You should not be on the hook for expenses you did not create.
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