Understanding Passenger Injury Claims
If you’re injured in a car accident as a driver, you often have to demonstrate that you were not “at fault” before you can receive compensation for injuries. If you were a passenger in a car wreck, however, the insurance process may look different, as you likely were not at fault. Passenger injury claims can still be overwhelming to navigate on your own, so it’s important to consult with an experienced personal injury lawyer and review your options.
What Are the Steps in a Passenger Injury Claim?
After a car accident, you should always start by calling 911 or the police and seeking immediate medical treatment for any injuries, even if they seem minor at the time of your crash. These steps serve two important purposes: First, to ensure that you are safe, and second, to document your injuries in official medical and police records.
Some other key steps to take after an accident, if it is possible for you to do so:
- Talk to other witnesses at the scene and speak with the police when they arrive.
- Take pictures and videos of the accident scene.
- Gather contact information from everyone involved in the accident, especially all drivers.
- Contact a personal injury lawyer to review your options before talking to any insurance company involved.
Once you’ve selected an injury attorney, to the attorney will verify how fault works in your state – and who was responsible for the car crash. By answering these two critical questions, you will have a clearer idea as to how to proceed.
Here are the two main types of passenger injury claims:
- Third-party car insurance claims: Does your state determine car accident claims based on fault? In fault-based states, you will most likely file a “third-party” insurance claim with the at-fault driver’s insurance provider. When multiple drivers have been negligent, you may be able to file a claim with more than one insurer.
- No-fault car insurance claims: If you live in a state with “no-fault” car accident laws, you will most likely be covered under the personal injury protection (PIP) policy of the person who was driving you. Depending on the state’s laws, if PIP coverage is not sufficient to account for your injuries, you may be eligible to file a lawsuit.
Advocating for Your Rights After a Car Accident
Like any other car accident claim, passenger injury claims can become extremely complicated – particularly when there are multiple occupants and drivers involved. To get appropriate compensation, it’s important to explore every possible legal avenue before taking action to file a claim.
At Simeone & Miller, LLP, we’ve represented many passengers in such claims and have helped thousands of car accident victims throughout our careers. Applying decades of experience to your case, we have the knowledge, dedication, and skill to help you move forward from your traumatic experiences.
Contact our team today for a free consultation. We serve clients in Washington DC, Virginia, and Maryland.