Passengers Legal Options 2
When you are involved in a car accident it can be a seriously confusing time and experience. When this is coupled with complications relating to insurance companies as to which driver is liable for the accident it may increase the anxiety and stress associated with the car accident and the aftermath. This article will discuss the various options available to passengers involved in a car accident.
Before any claims can be made it is important to first deal with the issue of fault [Comparative Negligence | Wex | US Law | LII / Legal Information Institute (cornell.edu)]. Insurance companies will try to determine and resolve which party is at fault for the accident and gauge the percentage of fault if both parties are to blame. This is done by carrying out an investigation that includes reviewing police reports, getting statements from the parties involved in the accident as well as speaking to witnesses who saw the accident happen.
If it is determined that the driver of the vehicle in which the passenger was in was at fault for the accident, then the passenger has the legal right to file a claim against that driver’s insurance policy. Such a claim allows the passenger to get compensation for their injuries caused by the accident. Insurance liability coverage generally provides for the medical bills, lost wages as well as pain and suffering of the person involved in the accident. However, such coverage has a specific limit per person and per accident. In addition, special rules may be applicable in the event that the passenger is related to the driver. In many cases insurance policies may not cover persons who were injured in the accident that are related to the driver because it would be just the same as covering the driver; and an insured driver in most cases is unable to file a liability claim against their own liability coverage.
If the other driver is determined to be at fault for the accident, the passenger can file a claim against that driver’s insurance coverage. The same is true even if the other driver is at fault to a lesser degree than the one who was driving the vehicle where the passenger was in. The passenger still has the right to get compensation from the other driver and the liability is shared. That being said, it is important to note that the passenger can receive compensation of no more than the total value of the claim.
In the event that one of the drivers does not have enough coverage in order to cover the full amount of damages that the passenger has incurred, then the passenger can make up the difference of damages by filing against the other driver.
Another option available to passengers is filing a claim against their own car policy. In this case, coverage is not based on the issue of liability. Therefore, the passenger does not have to be at fault in any way for the accident. Such a claim would be against the medical payments portion of the car policy, however, pain and suffering is often not included in this portion of the coverage.
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