PASSENGER INJURY CLAIMS

Outline for “When You Are Hurt in a Car Accident as a Passenger: Your Options Explained

Introduction

Car accidents can be traumatic experiences, especially when you’re an innocent passenger. However, as a passenger, you often have more avenues for compensation than if you were driving. This article will guide you through the options available for recovering damages after a car accident.

Understanding Passenger Liability

When you’re a passenger involved in a car accident, you are generally considered innocent. You are not in control of the vehicle and therefore hold no fault in the accident. This positions you uniquely in terms of insurance claims, making it easier to recover compensation.

Insurance Carriers for Recovery

As a passenger, you may have the opportunity to claim compensation from two different insurance carriers:

  1. The Driver’s Insurance Carrier: If the driver of the car you were in is found to be at fault, their insurance company is responsible for covering your damages.
  2. Other Vehicle’s Insurance Carrier: If the other vehicle involved in the accident shares any degree of fault, you can seek compensation from that driver’s insurance as well.

Example Scenario

Imagine being a passenger in a car that is making a left turn. If the driver fails to yield and collides with an oncoming vehicle, fault may be apportioned between both drivers. You could claim 51% of your damages from the driver of your car and the remaining 49% from the driver of the oncoming vehicle, thus maximizing your recovery options.

What is PIP (Personal Injury Protection)?

PIP, or Personal Injury Protection, is mandatory in states like Utah and provides coverage for medical expenses and related costs regardless of who is at fault. This coverage plays a crucial role in ensuring that passengers receive the immediate medical attention they need.

Two PIP Policies to Recover From

Passengers often have access to two PIP policies:

  1. Primary PIP Policy: This is the PIP coverage from the car in which you were riding.
  2. Your Own Car Insurance’s PIP Policy: Even if you weren’t in your own vehicle, your own insurance policy may cover you as a passenger in a car accident.

How PIP Benefits Passengers

PIP policies cover up to $3,000 in medical expenses and may also include lost wages and other costs directly related to the accident. This immediate coverage helps passengers access medical care promptly without waiting for fault to be determined.

Conditions for PIP Applicability

Even if you were not driving or in your own vehicle, your PIP insurance can still cover you. This is especially useful when the primary car’s PIP policy limits are exhausted. It’s essential to know that your personal PIP coverage is applicable anytime you are injured by a car, even as a pedestrian.

Passenger Fault: Dispelling Myths

Many people wonder if passengers can ever be at fault in an accident. The answer is almost always no. As long as you didn’t do anything that contributed to the accident, like suddenly grabbing the steering wheel, fault is not an issue for you.

Rare Exceptions

There are exceptional cases where a passenger might share responsibility, such as if their actions directly caused the driver to lose control. These instances are rare but worth mentioning to provide a comprehensive view.

Types of Vehicles in Passenger Claims

Passenger injury claims aren’t limited to personal cars. They extend to:

  • Taxi Cab Accidents: Passengers can file claims against the cab driver’s insurance.
  • Rideshare Incidents: Companies like Uber and Lyft typically have specific policies that cover passengers in case of an accident.
  • Bus and Motorcycle Accidents: Similar principles apply, with claims going against the relevant vehicle’s insurance policies.

Process of Filing a Passenger Injury Claim

If you are injured as a passenger, follow these steps:

  1. Seek Medical Attention: Prioritize your health and get medical care.
  2. Document the Scene: Collect as much evidence as possible, including photos and contact information of witnesses.
  3. Report the Accident: Notify the relevant insurance companies.
  4. Consult an Attorney: A personal injury attorney can help navigate the complexities of multiple claims.

Finding the Right Personal Injury Attorney

Choosing an attorney experienced in passenger injury claims is crucial. Look for someone with a proven track record and an understanding of state-specific insurance laws. A consultation can often be free and highly beneficial for outlining your next steps.

FAQs about Passenger Injury Claims

1. Can I file a claim if I wasn’t wearing a seatbelt?
Yes, but the lack of a seatbelt could reduce the amount of compensation due to comparative negligence.

2. How long do I have to file a claim?
The statute of limitations varies by state. In Utah, for instance, it’s typically four years for personal injury claims.

3. Will my insurance premiums go up if I file a PIP claim?
Not necessarily, especially if the accident wasn’t your fault.

4. Can I file claims against both drivers involved in a multi-car accident?
Yes, you can seek compensation from both insurance carriers if fault is shared.

5. Is there a cap on the amount I can recover?
It depends on the insurance policies involved and the total damages incurred.

6. Do I need a lawyer for a passenger injury claim?
While not mandatory, having an attorney increases your chances of a fair settlement.

Conclusion

Being a passenger during a car accident can be disorienting, but understanding your rights and insurance options empowers you to seek the compensation you deserve. Consulting with an experienced attorney ensures that all potential sources of recovery are pursued.