I was a passenger in a car accident – can I file a personal injury claim?

By Gabriel Levin on February 9th, 2016

Philly Passenger car injury

If you were a passenger involved in a car accident, you generally have an easier case to prove than the driver does.  Why?  Because as a passenger, you do not have to worry about proving liability because one of the drivers will likely be liable.

Filing a Passenger Injury Claim

Generally, if you are a passenger injured in a car accident, your personal injury claim will proceed just like any other type of car accident claim, except if it was a two car accident, then the passenger would make the claim against both drivers.

Passenger Injury Claim in a No-Fault State

In the event that your accident took place in a no fault state, the passenger would file a Personal Injury Protection (PIP) or No Fault claim against that driver for the passenger’s medical bills or lost earnings.  Additionally, you, as the passenger, would want to get the insurance information for each driver, and file claims with each driver’s insurance company.

Once you have been treated for any injuries, your case may be ready to settle.  This is one of the many reasons why it is critical to consult with an experienced personal injury attorney.  Your attorney can help you evaluate your legal options, which may include settling your claim.

Passenger Injury Case in a Two-Car Accident

In this instance, there may be some disagreement over liability between the two insurance companies, which can unnecessarily delay the passenger’s settlement.

Multiple Passenger Injury Claims

In the event that a car with three passengers is rear-ended, all four occupants of the car are injured.  Each of the injured parties will file claims against the negligent driver. If the total value of the injury cases exceeds the driver’s insurance, each injured person will have to settle with the negligent driver for less than what their case may be worth.

What this essentially means is that all of the injured people have to take their money from the same small pot.   In the event that the injured parties cannot come to an agreement with each other regarding how much each should get, the insurer will usually not settle with any of them.  At that point, the injured passengers will have to file suit in order to settle the issue of how much each of them will get.

If you are a passenger who was injured in a car accident, and have any questions about your legal rights, you may want to discuss your options with a car accident lawyer.  The Philadelphia personal injury lawyers at The Levin Firm have a thorough understanding of how the Philadelphia civil justice system works, including all relevant court rules and procedures, and we are committed to fully protecting the rights of injured auto accident victims through every stage of the legal process.

If you have suffered injury in a Philadelphia auto accident, your main concern should always be on your physical and mental recovery and you should not have to constantly worry about your legal case. For this reason, we make certain to regularly communicate with clients and will keep you up to date on any new developments in your case. We provide careful attention to each individual auto accident case and will always zealously advocate on your behalf. If you have suffered injury, please do not hesitate to call 877-825-8542 to schedule a free consultation with the experienced Philadelphia car accident lawyers at The Levin Firm today.

Sources

1.      http://www.alllaw.com/articles/nolo/workers-compensation/why-claim-denied.html

2.      http://www.alllaw.com/articles/nolo/auto-accident/passenger-injury-claims.html

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