Rights of The Injured in a Passenger Car Accident


If you were injured in a passenger car accident, you could feel confused about your rights and claim. You may want to avoid filing a claim against the poor driver, but at the same time, you are not taking action against him personally. An experienced car accident attorney will say that you should file a claim. When there is a single driver involved, the case is simple, but with two drivers in question, the case may become highly complicated as the shared fault ratio will come into question.


Different types of Passenger Rights:


Below we have shared with you the kind of rights that a passenger have if involved in a passenger car accident.


Passenger Rights Against the Other Vehicle Drivers


When two vehicles are involved in an accident, and the driver of the other vehicle in the accident is faulty, the injured passenger has the right to claim against the driver’s insurance.


The injured passenger can claim economic and non-economic losses. In the event of multiple people getting injured, the Other Driver’s Policy can be insufficient to cover all losses and injuries because of the maximal per-accident clause. A car accident attorney can be approached if events like these occur.


Passenger Rights Against own driver


In case the driver of the same car is at fault, then the passenger can file a legal complaint against the driver’s insurance policy. If the car’s driver is a family member, some special rules may apply. The injured person has the right to  compensation.


Quite a few insurance companies exclude family members from the coverage if they get injured in a car driven by their family members or spouses.


Passenger Rights When Both Drivers Are at Fault


When both the drivers are at fault, the passenger can claim compensation against both drivers’ insurance policy. Upon determining the percentage, both the drivers’ policies will be liable to pay the percentages. If one driver is 30 percent responsible and the other is 70 percent responsible, this will be the share of their liability. Taking the help of a car accident attorney in such cases is always advisable.


The right’s under Passenger’s Policy


While purchasing a car insurance policy, it is always advisable that you choose the ‘med pay’ option. It provides additional coverage to you in case of collision. It won’t matter, who’s a fault it was, and the coverage can pay your treatment bills.


Medical payment coverage does not take into consideration the ownership of the vehicle. In case the injury occurs when you are a passenger in someone else’s vehicle then you have the right to file a claim under your Driver’s Policy as well as your own policy.


These were the rights that an injured passenger can have against the insurance policies of the involved parties. If you are one such victim, then you have all of these rights at your disposal.


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