Passengers Needing An Attorney
Did you know you can hire a Los Angeles personal injury attorney if you’re a passenger injured in an automobile accident caused by someone else’s negligence? You don’t need to have been driving the vehicle. Even if a friend or relative was driving, you can file a passenger injury claim, and be awarded damages, without causing them any harm.
As a passenger, the likelihood of you contributing to an accident is very small. Unless you grab the wheel or otherwise distract the driver, you probably won’t face matters such as contributory negligence. Plus, it’s not up to you to prevent a collision. That is in the driver’s hands, who also has a duty of care to maintain their passengers’ safety.
How to File a Passenger Injury Claim
First, you need to determine who was at fault for the car accident. Once the liability of one or more drivers is proven, you can proceed with your claim. A third-party insurance claim can be filed against the policy of the driver/owner of a car you were in or of a different vehicle involved in the accident. It’s called a “third-party” claim because you’re not using your own insurance policy. This is like making a claim against a ride-share company’s policy after an Uber or Lyft car accident.
But filing an injury claim as a passenger comes with its challenges. If one driver’s liability policy doesn’t sufficiently cover medical or property damage, you may need to take things further. A claim against a second driver’s policy may be required to cover the remainder of your damages; that is if both drivers somehow caused the accident.
Negotiating with insurance companies is another challenge. Furthermore, driver’s have the option to contest a finding of liability, and/or their insurance coverage may not be enough to cover the value of your claim. This is especially a problem when multiple passengers are involved or if contributory negligence applies to a passenger if, for example, they were aware of a driver’s intoxication in advance of the accident.
Paying for Medical Care
You have rights to receive the same types of damages as anyone injured in an automobile accident. This includes medical bills, property damage, pain and suffering, and loss of income and future earning capacity. The claims process can take awhile, no matter how severe the accident was.
It can take also take an insurance company time to review a claim. If you need immediate medical treatment in this case, you can use your health insurance or file a claim under your own car insurance policy, using its med pay coverage. Med pay covers only medical bills, regardless of who was at-fault for the accident.
You can also claim med pay coverage with another driver’s insurance policy. But if you do, you cannot exceed the payout of another liability policy. In other words, you cannot “double dip”. Any additional compensation will be offset based on what’s already been previously paid to you.
Contact The Law Offices of Jacob Emrani
A passenger injury claim is often a complex matter. At The Law Offices of Jacob Emrani, our passenger injury attorney can help you recover the damages you deserve and represent you every step of the way. You’ll pay no fees unless your case wins. We’ve won many multi-million-dollar auto accident cases over the years, representing clients from all walks of life. To set up a free consultation at your home or place of work, contact our experienced car accident attorney at 888-952-2952 today.