If you sustained motor vehicle crash injuries as a passenger in a car, you may qualify to file an insurance claim or personal injury lawsuit for damages in the collision. Regardless of who caused the car accident—even if the driver of the vehicle in which you were riding was at fault—you may be able to pursue damages. If you were injured in a car accident as a passenger, compensation may extend to your medical care, lost wages, pain and suffering, and other damages.
To pursue compensation, you will most likely file an insurance claim based on the at-fault party’s auto liability insurance policy. In some cases, you can file a claim based on both the policy of the driver transporting you and the driver of the other vehicle involved in the accident. If you were injured in a car accident as a passenger, an attorney can explain your options and walk you through this complex process.
Focus on Your Health and Well-Being
If you experienced a car accident as a passenger or a driver, you should seek immediate medical attention–even if you believe you only sustained minor injuries. Some injuries do not display any symptoms until months or years after the crash.
Your insurance claim may pay for the ambulance ride to the hospital, emergency department visit, and any treatment you receive. If you require hospitalization, you can also submit the hospital bills with your insurance claim.
Once your injuries stabilize, you can reach out to a Birmingham car accident attorney to review the details of your case.
Providing Evidence for Your Insurance Claim
Determining liability and proving damages involve complex legal statutes. We recommend working closely with an experienced car accident attorney who can help you prove negligence and liability when filing your insurance claim.
When more than one party contributed to the accident, interpreting these laws may prove challenging without the help of legal representation. When this occurs, the liable parties may share the burden of covering the passenger’s damages under the state’s comparative fault law, if it has one.
Your attorney may collect a variety of evidence to support your claim, including:
- The police report about the accident
- Eyewitness testimony
- Video of the accident or photographs of the scene
- Physical evidence to prove negligence and fault
- Your medical records detailing your injuries and treatment
- Receipts or other documentation of any damaged property
- Medical bills and related receipts
- Additional documentation related to your damages
In some states, laws may prohibit you from filing a claim or bringing a lawsuit against any of your own family members or anyone you live with. An experienced local attorney will be able to help you navigate any state legal restrictions to ensure your case is handled correctly.
Negotiating an Insurance Settlement
If you were injured in a car accident as a passenger, you have the right to recover the same losses as the driver you traveled with or the other driver, depending on who bears responsibility for the accident. Compensation from an insurer may extend to:
- Medical care
- Lost wages
- Property damages
- Pain and suffering
Your attorney may recover compensation without taking the case to trial.
They may file an insurance claim and present the case they build to support the claim. Settlement negotiations may enable both parties to reach a fair agreement.
If they fail to offer you a fair settlement agreement, your attorney may file a personal injury lawsuit and take the case to court, if necessary.
Consulting with a car accident lawyer as soon as possible may help you avoid missing key deadlines to file a lawsuit. Many states have statutes of limitations that dictate the deadline accident victims have to file a suit. Louisiana, for example, allows you to file a personal injury lawsuit up to one year after the date of the accident. If you wait too long, you may lose your right to take further legal action down the road, even if your injuries result in long-term medical conditions.
Seek Legal Counsel if You Were Injured in a Car Accident as a Passenger
You should not have to pay out of pocket for the injuries and damages you sustained because of someone else’s—or multiple parties’—negligence.
An attorney from the Morris Bart law firm can help you pursue compensation based on the facts of your case. We may be able to help you seek damages as a passenger in cases that include:
- Car accidents
- Large truck accidents
- Motorcycle accidents
- Driving under the influence (DUI) accidents
- Driving while intoxicated (DWI) accidents
- The driver of your vehicle caused the accident
- The driver of another vehicle caused the accident
There may also be other types of vehicle accidents for which you may seek compensation.
Our team handles motor vehicle accident cases involving injured passengers in car accidents across the Gulf Coast and the South, representing clients in Louisiana, Mississippi, Alabama, and Arkansas. Call the Morris Bart law firm at (800) 537-8185 for a free consultation to see how a car accident lawyer may help evaluate your case and help you understand your rights.