Your back hurts constantly, and you’ve had to take time off of work, but you’re not sure about filing an injury claim after your car accident. The thought of a lengthy legal battle isn’t appealing, especially since your friend is the one who was driving the car—and you’re not sure if he was to blame for the sudden crash on Vivion Road. If you win your case, who will pay for the costs of your injury: your friend, the other driver, or someone else?
Passengers Have an Advantage Over Drivers in Car Accident Injury Cases
Generally speaking, someone who is injured in a car accident is responsible for proving that someone else was at fault, and that their injuries are substantial enough to cause serious effects on their lives. When a driver is injured, he must be able to show the court that he was not at fault—or not completely at fault—for the crash. However, this is slightly easier for a passenger. Since you were not in control of the car, there is very little probability that you could have caused the accident.
Guidelines for Passengers Filing an Injury Claim
The next part of getting coverage for your injury costs is the extent of the trauma you suffered. If you suffered short-term injuries, you will likely be able to get compensation through an insurance provider—the question is, whose insurance should pay for your hospital bills?
- Your friend. You should file a claim with your friend’s liability insurance provider, or the owner of the car you were in if your friend does not own the car.
- The other driver. If the other driver is to blame for the accident, you could get compensation under his insurance company.
- Both drivers. If both drivers are potentially at fault for a crash, the passenger could get payment from both of the insurance companies. While you cannot collect any more from each driver than your total claim is worth, this option is helpful if one driver is uninsured, as you can make up the rest of the damages through the other insurance company.
- Another driver. If more than two vehicles were involved in the accident, you should consult with an attorney to find out who is the most likely negligent party in your case.
While passengers can pursue claims against friends or even relatives, they cannot file a claim against a driver who shares their insurance policy. In some cases, passengers who live with a relative that caused the crash cannot file a liability claim against the driver, since they are considered insured under the same policy.
Did you suffer an injury that will have effects well into the future? You should consider taking your case to court rather than relying on insurance benefits. If you are unable to walk, work, or even move after surviving a car accident in Kansas City, click the live chat link below to find out who should be held liable for damages.