After a car accident, passengers can suffer serious injuries through no fault of their own. Many people assume the drivers and insurance companies will handle everything fairly, but that is not always the case. That’s why it’s so important for an injured passenger to have their own lawyer.
The experienced Gillette car accident lawyers at Steven Titus & Associates, P.C. can review your case and advise you on the best strategy for seeking maximum compensation. Steven Titus knows how to stand up to the big insurance companies.
Injured Passengers Have Rights
Because passengers are usually innocent victims, they may have claims against one or more parties involved in the collision. Understanding your rights is the first step toward recovering the compensation you deserve.
As a passenger, you have the right to seek compensation for:
- Medical expenses
- Emergency room treatment
- Hospital stays
- Surgery costs
- Physical therapy
- Lost income
- Reduced earning capacity
- Pain and suffering
- Emotional distress
- Permanent disability
- Future medical care
Why Injured Passengers Should Find Their Own Lawyer
Insurance companies are businesses, and they are focused on making a profit. That’s why they have strong incentives to deny claims and make lowball settlement offers to accident victims. They may attempt to settle claims for less than their actual value, especially when multiple injured parties are seeking compensation from the same insurance policy.
Having independent legal representation ensures that someone is focused on protecting your recovery rather than protecting an insurance company’s bottom line.
You may benefit from hiring a lawyer if:
- You suffered serious injuries
- Liability is disputed
- Multiple vehicles were involved
- Several people were injured
- Insurance companies are delaying payment
- Settlement offers seem too low
- Long-term medical treatment is required
- Permanent injuries occurred
Can a Passenger Sue the Driver They Were Traveling With?
If the driver’s negligence contributed to the accident, a passenger may have a valid claim against that driver. But many passengers hesitate to pursue a claim because the driver may be a friend, family member, coworker, or spouse.
It is important to understand that in most cases, injury claims are made against the driver’s insurance policy rather than directly against the driver’s personal assets. Passengers should not feel guilty about seeking compensation for medical bills and other losses caused by someone else’s negligence
What Happens When Multiple Drivers Share Fault?
Many car accidents involve more than one negligent driver, which can complicate the process of determining liability. For example, one driver may run a stop sign while another is speeding, causing the vehicles to collide. If a passenger suffers severe injuries in the crash, both drivers may share responsibility for the resulting damages.
In these types of situations, both drivers may share responsibility. Your attorney can investigate the accident, gather evidence, review police reports, and determine all parties who may be liable.
How an Injured Passenger Claim Works
An injured passenger may have access to multiple insurance policies. A skilled attorney can identify every available source of recovery and ensure all deadlines are met.
Potential sources of compensation can include:
- The Driver’s Liability Insurance. If the driver of the vehicle you occupied caused the crash, their insurance may provide compensation.
- The Other Driver’s Insurance. If another motorist caused the collision, their insurance may be responsible for your damages.
- Multiple Liability Policies. When several drivers contribute to the accident, claims may be filed against multiple policies.
- Uninsured Motorist Coverage. If the at-fault driver lacks insurance, uninsured motorist coverage may help cover your losses.
- Underinsured Motorist Coverage. When damages exceed available liability limits, underinsured motorist coverage may provide additional compensation.
Challenges With Insurance Claims for Injured Passengers
Insurance adjusters may appear helpful, but their goal is often to reduce the value of your claim. Many injured passengers unknowingly accept settlements before understanding the full extent of their injuries. Once a settlement is accepted, additional compensation may no longer be available.
At first glance, filing an insurance claim may seem like a straightforward process. Unfortunately, insurance companies may create obstacles, hoping that you will become frustrated and simply accept an inadequate settlement offer.
A car accident attorney is prepared to take legal action to counter unsavory insurance company tactics that may include:
- Delaying investigations
- Disputing liability
- Requesting a recorded statement that could harm your claim
- Making inadequate settlement offers
- Dening medical treatments
- Challenging the severity of your
- Attempting to shift blame away from their clients
Your Attorney Can Fight for Your Rights
A car accident attorney provides valuable support throughout the claims process. Having independent representation ensures your interests do not become secondary to the interests of drivers, insurance companies, or other injured parties.
Your attorney can help protect your claim by
- Investigating the accident
- Collecting evidence
- Interviewing witnesses
- Obtaining medical records
- Handling insurance company communications
- Identifying liable parties
- Calculating damages
- Negotiating settlement offers
- Filing lawsuits when necessary
- Representing you in court
Speak With an Experienced Campbell County Car Accident Lawyer
If you were injured as a passenger in a car accident, do not assume the insurance companies will protect your interests. The experienced trial team at Steven Titus & Associates, P.C. can evaluate your case, explain your legal options, and fight for the compensation you deserve.
Steven Titus & Associates, P.C. was voted #1 Law Firm by County 17 Readers.
Our firm offers free consultations for personal injury cases. We are committed to providing aggressive representation and personal attention every step of the way.
Call (307) 257-7800 to learn more today.
FAQs About Why Injured Passengers Need Their Own Lawyer
Can a passenger sue a driver who caused their injuries?
Yes. If a driver’s negligence contributed to the accident, an injured passenger may have the right to pursue compensation through that driver’s insurance policy. This may apply whether the driver was a friend, family member, or another motorist.
What compensation can an injured passenger recover?
An injured passenger may be entitled to compensation for medical expenses, lost wages, future medical care, pain and suffering, emotional distress, and other accident-related damages. The amount depends on the severity of the injuries and the circumstances of the case.
Who pays for a passenger’s injuries after a car accident?
Compensation may come from one or more insurance policies, including the at-fault driver’s liability coverage, another driver’s insurance, uninsured motorist coverage, or underinsured motorist coverage. The available sources depend on how the accident occurred.
Should I accept the insurance company’s first settlement offer?
Not without carefully reviewing it. Initial settlement offers are often made before the full extent of injuries and future expenses are known. Consulting an attorney can help determine whether the offer fairly compensates you for your damages.