If you were a passenger who sustained motor vehicle crash injuries in a car accident, you can likely file an insurance claim or lawsuit to pursue a payout to cover the damages you suffered. Generally, you will have a legal right to file a lawsuit as long as there is time remaining, and no other legal exclusions apply to your case. However, this is not always necessary.
We may be able to help you reach an out-of-court settlement by preparing a compelling case, filing an auto liability insurance claim, and attempting to negotiate a fair settlement based on the evidence we collect of your related losses and expenses.
Building a Case as a Passenger in a Car Accident
Identifying the liable party in a car accident case is often the key to getting financial recovery if you were a passenger at the time of the accident. The facts of the accident may make this obvious, or your case could be somewhat more complex. However, a car accident attorney will be able to gather evidence to help you establish:
- The cause of the car accident
- How all parties were involved
- Who the primary liable party is
- Which policy to file a claim against
You will be able to build a case by collecting evidence to support your claim. This may include:
- The police accident report.
- Eyewitness statements.
- Pictures and video of the accident and from the scene.
- Other physical evidence.
- Your relevant medical records.
- Documentation of your losses.
Once you have a case that proves negligence, liability, and your damages, you have enough to file an insurance claim and pursue a fair payout. Your attorney will help you with this process and handle all communication with the insurer so that your rights remain protected during this process.
You Can Pursue Compensation Even if the Driver of Your Vehicle Was at Fault
Some passengers are upset at the prospect of recovering compensation if their friend or family member was the at-fault driver in the car accident when they suffered injuries. However, it is important to remember that you will likely be filing a claim based on their auto liability insurance policy. This is the best way to recover compensation without taking the funds from your friend or family member.
The purpose of auto liability insurance is to cover the losses of the accident victims without costing the policyholder their savings, home, or other assets. You can likely pursue a payout without it affecting your friend or family member’s finances in a significant way. Your attorney can help you understand more about this process.
Pursuing Damages as a Passenger in a Car Accident
While the time limits for taking legal action vary by state, they may be as short as one year from the time of the accident. If you suffered injuries but miss this deadline, it could make it difficult or impossible to recover a fair payout for your damages.
The damages available, if you can prove you were a victim of someone else’s negligence, may include compensation to pay for:
- Current and future medical care for your accident injuries.
- Current and future lost wages and diminished earning capacity.
- Property damages, such as replacement of your glasses, phone, and other items.
- Pain and suffering damages.
- Other noneconomic damages.
- Wrongful death damages, if a member of your family passed away in a car accident.
Building a compelling case, collecting evidence of your damages, and demanding a fair payout during the insurance claims process are all an important part of recovering the damages you deserve based on the facts of your case. Having a personal injury accident attorney on your side who can fight for you may lower the stress you face and help you get the payout you need.
Talk to a Car Accident Attorney About Your Case
An attorney from the Morris Bart law firm can review your case and may be able to help you pursue compensation for the damages you sustained. We have lawyers available to review your case across the Gulf South. We have more than 15 offices in Louisiana, Mississippi, Alabama, and Arkansas.
Let a member of our team evaluate the merits of your case for free. We can help you identify the liable party or parties and take action to recover compensation if possible.
Call (800) 537-8185 now to speak to a member of our team about your car accident case.