Passengers’ Rights in a Car Accident: What to Know
Most adults understand the basics of car accident law when it comes to determining who is at fault and who will have to pay for associated expenses: The driver at fault in the accident (or, more likely, their insurance company) pays for repairs and medical expenses of the other person. But this only covers the most basic concepts, and car accidents and their aftermath are often a lot more complicated than that. For example, what if you were a passenger who was injured in the car accident? What are your rights? Keep reading to get answers from the best personal injury attorney in Parrish, FL.
Your Basic Rights
First, let’s talk about your most basic rights as a passenger in a vehicular accident. These are much the same as they would be if you were driving the vehicle yourself; your injuries and medical bills should be covered by the at-fault party, regardless of whether it was the driver of another car or a driver of the car you were in.
It’s important to ensure that you are listed on the police report as a passenger in the vehicle. If you are able to do so, address this matter at the scene of the accident; if you’re medically unable to handle this right away, you can always reach out to ensure that your name is on the police report. You can often do this by contacting your insurance company to notify them of the accident.
Filing Your Claim
As we already mentioned, your medical bills and other resulting expenses or income loss should be paid for by the at-fault driver. If it is unclear right away which driver was at fault, you can file a claim against both drivers’ insurance companies; once it’s determined who was at fault, that driver’s insurance should pay for your bills, while the other insurance company will simply deny the claim. For this reason, you should get both drivers’ insurance information at the scene of the accident.
For many people, it’s difficult to make the decision to file a claim against a friend or family member. However, if they are the ones who were at fault in the crash, then you can and should file a claim to ensure your expenses are covered. It’s important to remember that you’re not suing your loved one; you’re filing a claim against their insurance company, and it is their insurance that will be paying for your bills. So, even if the crash did not involve another driver, as a passenger, you can still file a claim to have your medical bills and other costs covered.
Drivers without Insurance
If you’ve been involved in an accident where a driver does not have insurance, things can quickly get complicated. Here are some basic scenarios to help you understand what may happen in these situations:
· If you were in an accident and the other driver was at fault but does not have insurance, the insurance company for the driver whose car you are in should cover your expenses.
· If you were in an accident and the driver you were riding with was at fault, the other driver’s insurance will not cover your expenses.
· If the driver you were riding with is in an accident with a stationary object and they do not have insurance, you will not be protected by any insurance either.
In situations where a driver’s insurance doesn’t cover you, you can still reach out to your insurance. In some cases, under certain plans, you can be covered as a passenger in an auto accident.
If you’re having trouble receiving compensation for your injuries as a passenger in a car or motorcycle accident, contact Erjavec Injury Law to speak to the best motorcycle accident attorney in Parrish, FL.