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If you are injured as a passenger in a car crash, it can be confusing and challenging. You may not know what to do or where to turn for help. Many people don’t know their rights, and they do not receive the compensation they deserve.
Remember that every situation is unique, so please contact a car accident attorney at The Virginia Trial Firm if you have specific questions about your case.
Steps to Take Immediately After the Car Accident
Here are some general steps you can take if you are an injured passenger in a car accident.
Step One: Get medical attention. This is the most important thing you can do right after an accident. Even if you don’t think you are injured, it is important to get checked out by a doctor. Many injuries don’t manifest themselves until later, and you may not realize that you are injured until after the fact.
Step Two: Contact a personal injury lawyer. Many people don’t realize that they may be entitled to compensation for their injuries, but a lawyer can help you to understand your rights. In addition, a personal injury lawyer can help you assess your case and determine what steps need to be taken to pursue compensation.
Should I File a Personal Injury Claim as a Passenger?
If you are a passenger injured in a car accident, you may wonder if you should file a personal injury claim.
Here are some factors to consider:
- The severity of your injuries. It is probably worth filing a claim if you have suffered serious injuries. You may be entitled to compensation for medical expenses, lost wages, and other damages.
- The amount of insurance coverage that each driver has. If the driver who hit you has very little insurance, your chances of receiving compensation may be slim.
How to File an Injury Claim as A Passenger
Here are some tips for filing a claim as a passenger:
- Make sure to keep track of all of your medical expenses and other damages related to the accident.
- Work with an attorney to pursue compensation for your injuries.
Your first step for filing a claim is to start with the driver’s insurance policy. The easiest way to do this is through the personal injury protection and/or the medical payments portions of their car insurance policy.
Personal Injury Protection Insurance vs. Medical Payments
It’s important to note that Virginia does not require drivers to have personal injury protection insurance or car insurance at all. If the at-fault driver does not have it, you may be able to file a claim through the driver of your vehicle’s medical payments insurance (MedPay).
MedPay coverage helps with medical bills and lost wages after a car accident. However, it doesn’t usually cover extra categories of assistance like household services or pain and suffering if you’re injured.
Filing a Claim With the Other Driver’s Insurance Policy
In cases where the other driver is at fault, that driver’s insurance will be responsible for compensating you for your injuries. However, there may be situations where the other driver does not have enough coverage to cover your damages.
Filing a Claim Through Your Insurance Policy
You may also need to file a claim against your insurance if you are injured in a car accident.
Your car insurance coverage may cover your injuries if you are involved in an accident. However, there may be some exceptions depending on the type of policy.
What if The Driver Doesn’t Have Insurance?
If the driver does not have insurance, you may be able to make a claim with your own insurance company for the uninsured or underinsured motorist coverage under your policy.
Many people don’t realize that they have this coverage, which can be very helpful in situations like this. Uninsured or underinsured motorist coverage helps pay for damages not covered by the other driver’s insurance policy.
It’s important to note that you may only file through your own uninsured or underinsured motorist coverage if the accident was not your fault.
Making a Third Party Insurance Claim
If the driver who hit you does not have insurance, you may be able to file a claim against a third party. A third party is an individual or company not involved in the accident.
Third-party claims can be filed against individuals, companies, or even municipalities. The most common type of third-party claim is a negligence claim.
A negligence claim is filed when the party who caused the accident did not take reasonable care to avoid injuring someone else. For you to file a third-party claim, you must have suffered damages due to the accident. Damages can include medical expenses and pain and suffering.
Third-party claims can be challenging to pursue and often require the help of an attorney.
If you are an injured passenger in an auto accident, it is important to seek legal assistance as soon as possible. An experienced passenger injury lawyer will be able to help you file a claim against the driver who caused the accident.
Can I Still Make a Claim if The Driver is At Fault?
If you are an injured passenger, you may be able to file a claim against the driver who was at fault.
What If I Am Related to The Driver?
If you are a passenger in an auto crash related to the driver, your claim may be more complicated, specifically if you are insured under the driver’s policy. An experienced attorney can help advise you of your rights in this type of situation.
What Happens if There Are Multiple Passengers?
If there are multiple passengers in the car at the time of the accident, each passenger may need to file a separate claim. Each passenger’s damages will be assessed independently and may receive different compensation amounts.
Do Passengers Get Paid in Accidents?
As an injured passenger, there is a good chance that you will receive compensation for your injuries.
In most cases, the other driver’s insurance company will be responsible for compensating you. However, there may be situations where the other driver does not have enough coverage to cover your damages.
How Much Money Can Passengers in Car Accidents Get?
The amount of money you will receive will depend on the severity of your injuries and the amount of damages you sustained. However, you can expect to receive at least some compensation for your injuries.
Contact a Car Accident Lawyer at The Virginia Trial Firm Today
If you are injured in a car accident and are a passenger, it is important to seek legal assistance. At Cantor Grana Buckner Bucci, our personal injury lawyers have years of experience with passenger injury claims and will help you file a lawsuit against the driver who caused the accident.