As a driver, you know your options in the event that you get into a car crash. But if you were an injured passenger, you also need to know who you need to file a claim against. To elaborate, you are not directly involved in the accident since you were not in control of the wheel; but, on the other hand, you suffer resulting injuries from the car crash.
It follows that you may file a claim for medical or liability coverage, especially since some accidents can affect you for a long while.
The Concept of “Fault”
Simply put, the party at “fault” is someone who is responsible for the crash. And according to the lawyers at Hamparyan in https://www.hamparyan.com/injured-as-passenger-in-california-car-crash/, in the state of California, he is also expected to compensate the claims filed against him, including yours as an injured passenger in need of medical coverage. Pinpointing the party at fault is one of the main objectives of a car crash investigation.
With this, you’ll need to know who will be responsible for the injury and damages you suffered. During transit, the one who bears the most responsibility for your safety is the driver. It can be difficult to file a claim against them since you’re likely to be personally acquainted with your driver and apparently it’s you to Compare life Insurance or health insurance to choose from for a suitable cover against possible eventualities..
The Driver at Fault
If the driver is the one found to be at fault, you may file a claim with the driver’s insurance company. The driver’s Personal Injury Protection (PIP) is what will cover any cost of your injuries, provided that it’s enough for your bills. If not, you may find yourself having to resort to filing a lawsuit for personal injury to claim more awards.
Another possible issue is when you’re included in the driver’s auto insurance plan. This may not allow you to claim against the driver’s liability coverage. However, you can be compensated by their medical coverage, at least.
Other Driver at Fault
The process and nature of filing a claim against the opposing driver are similar to filing one for your own driver. It can be difficult to gain enough compensation from their insurance coverage if there are multiple injured parties. This is because it will have to be split among all injured parties.
If the coverage is not enough to cover your medical bills, your claim may end up being completely denied. In this case, you may have to file a personal injury lawsuit. The process can become lengthy but medical expenses do pile up. You’re only seeking compensation from the other driver’s insurance company, not their personal assets.
Both Drivers Are at Fault
There are also times when both drivers are found to have partial responsibility. In this situation, you may file claims from both their insurance companies. If one of the drivers in your family or friend, you can opt to exhaust the coverage from the other driver first before claiming what’s left from your driver. Still, you will need to justify the claim so use this only when appropriate. Be sure to consider help fro Redkite solicitors for complex situations.
Could You Be at Fault?
If you’re wondering whether it’s possible for you, a passenger, to be at fault and liable for damages, the answer is no. Regardless of your involvement in the accident, you’re more likely to be denied your claim rather than be considered liable.
What You Can Do If You’re a Passenger in a Car Crash
1. Document Your Surroundings
Take pictures of your injuries, the site of the crash, and any details that could help with the investigation. However, do not post these to any social media since it may worsen your case. You can also ask any witnesses about what they saw and get their contact details in case you need their testimony.
2. Ask for Drivers’ Information
Other than asking for their insurance company details, you should also get their contact details and names. Don’t just rely on both drivers to sort things out. Be cautious in your words since these could be used against you later on.
3. Seek Medical Care
Even for light injuries, you must see a doctor. Some injuries may appear small but can actually be life-threatening—and more costly—in the future. Get yourself checked for a clear idea of how much you may need to claim for medical coverage.
4. Fill Out a Police Report
This can be another way to preserve what happened at the scene. This can be good evidence and allows you to have your own copy of the incident.
5. Contact a Lawyer
Getting an injury lawyer can help you with the investigation as well as with filing your claims. Injury lawyers can fight for your rightful compensation, help you with a possible car accident lawsuit if need be, and spare you any mistakes that could’ve cost you.
Finding the party at fault isn’t always clear cut so it’s always best to keep yourself ready with your own proof that can support your claims. All the work is worth the effort if it can help you with costly medical bills and any injuries on your end. Stay alert and be aware when you’re deciding to ride someone else’s car.