Following a car accident, conversations about liability and compensation tend to focus primarily on the drivers of the involved vehicles. However, drivers aren’t always alone when a collision occurs. It’s very common for passengers to be injured in car accidents as well. When a passenger is hurt, how do they recover damages related to their injuries?
As an injured passenger, the way you secure compensation following a car accident will depend on the circumstances of the collision, who is at fault for the incident, the negligence laws in the state where the accident occurred, and the involved drivers’ insurance policies.
In no-fault states, the responsibility of paying damages falls on each driver’s own insurance company, so fault of one party or another does not have to be proven. The insurance coverage of the driver you were riding with will be important if you are injured as a passenger in a no-fault state. Most insurance policies include passenger coverage that will provide some compensation for your injuries. Passenger insurance should also supply benefits if the accident occurred in an at-fault state and the driver you were with was responsible.
Situations in which a claim needs to be filed with the other driver could be more complicated. If the other driver is liable for the accident, you may be able to file your own claim with their insurance provider. Again, the compensation you receive will depend on that driver’s insurance coverage for passenger injuries.
In cases where passenger insurance is not available or not sufficient to cover your injuries, a personal injury case may be necessary. Pursuing legal action can result in just compensation.
Contact McHargue & Jones, LLC to discover your options — for a free consultation, call (312) 487-2461 or contact us online to schedule an appointment.