Being involved in a car accident is a distressing experience. The situation gets further complicated when the insurance company does not agree to the fact that the driver is responsible for the accident. As a passenger, you share no blame for the collision. In such a situation, employing a separate attorney to handle your claim could help you protect your rights and get proper compensation.
Here’s how to go about your claim:
- Filing a claim against the driver: If the driver driving the vehicle in which the passenger was traveling is determined to be at fault, the passenger has the legal right to file a claim against the insurance policy of the driver. The liability coverage provides for lost wages, medical expenses, and pain and suffering. If the driver is related to the passenger, special rules apply. All these technicalities are best handled by legal representatives.
- Filing a claim against the other driver: If the other driver is found at fault, the passenger can file a claim against the insurance coverage of the other driver. Even if there is shared liability where the other driver is less at fault compared to the driver with whom the passenger was traveling, the passenger still has the right to collect compensation from the other driver because the driver shared liability. The maximum compensation the passenger may receive cannot be more than the total value of the claim. For example, if the actual value of damages is $40,000, a passenger cannot collectively receive $60,000 from two insurance companies.
- Filing a claim against the passenger’s insurance policy: After an accident, a passenger may file a claim against his/her own insurance policy. This coverage does not require the passenger to prove liability. There are, however, several rules and regulations related to this procedure. For instance, if a person collects his own coverage and later gets compensation from the driver’s insurance, the amount that is already received is deducted from the settlement.
Getting involved in a car accident can wreck a life. When a passenger is injured, the first step is to attend to all the medical requirements. It’s equally important to consult a personal injury attorney to learn about the legal procedure to file a claim. Passengers should have a separate attorney to safeguard their own interests. A legal representative can advise the claimant on how to recover damages. There could be times when insurance companies refuse to compensate. Personal injury attorneys possess a comprehensive understanding of the relevant laws which helps them successfully deal with cases against insurance companies.
When you suffer an injury as a result of negligence or intention, you may incur significant medical expenses. You need a personal injury lawyer to help you get financial compensation for your losses. Contact the Law Offices of L. Clayton Burgess to schedule a free consultation with our legal team.
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