Suing the Driver if Injured as a Passenger - MediaSmack

Suing the Driver if Injured as a Passenger

According to the Pennsylvania Department of Transportation, 43% of car accident deaths involved passenger car occupants in the state of Pennsylvania. If you were a passenger in a vehicle involved in a car accident, talking to an experienced personal injury attorney can help you understand your rights, and learn how you may receive as compensation for your injuries from the driver’s insurance.

Where Do You File a Claim as a Passenger

As a passenger, unless you acted negligently to distract a driver in the car, you can not be at-fault for a car accident. Your options regarding filing a claim for compensation for your damages as a passenger are as follows:

  • The Driver of the Vehicle You Were In. You can file a claim against the driver’s insurance company of the vehicle you were in during the accident. Remember you are filing a claim with the insurance company, not the driver themselves. If you are a friend or a family member of the driver, it is important to remember that you are receiving the money from the insurance company, not them personally.
  • Any Other Driver Involved. Any driver that was involved in the accident that was at-fault can be responsible for your damages. You would file a claim with their insurance companies.
  • Your Own Insurance Company. In the circumstance that you owned the vehicle but were not driving during the time of the accident, you can file a PIP (Personal Injury Protection) claim. An important item to, however, is that if you are going to seek compensation under a PIP claim, you must seek medical treatment within 14 days of the accident.

Driver Has No Insurance Coverage

If you discover that the driver, or other drivers, that were at-fault have no insurance coverage, you should check to see if you have “Uninsured Motorist Coverage” or “Underinsured Motorist Coverage” on your own car insurance. These provisions within your car insurance can protect you and provide coverage if the at-fault driver does not have insurance coverage to file a claim for your personal injuries.

Contact an Experienced Accident Attorney Today

If you or a loved one were injured as a passenger in a car crash, contact the experienced car accident lawyers, serving clients in Kingston, Wilkes Barre, Hazleton and Pittston, at O’Donnell Law Offices today. We’ve helped countless car crash victims recover compensation for their injuries. Contact our legal team at (949) 234-6034 or online today for a free consultation regarding your case.

Resource:

penndot.gov/TravelInPA/Safety/Documents/2013_CFB_linked.pdf

https://www.odonnell-law.com/2019/09/06/how-fault-is-determined-pedestrian-and-vehicle-accidents/

Source: O’Donnell Law Offices