Injured as a passenger in a car accident? Common passenger injuries, such as whiplash, broken bones, and head trauma, can result from these incidents. You may be entitled to compensation for your accident-related injuries and losses. You have the right to file an insurance claim to get money for your medical bills and other losses if someone else’s actions led to the crash.
Who Can a Passenger File a Claim Against?
Passengers who are injured in a car accident may have several avenues for seeking compensation. They can file a passenger claim against the driver’s insurance company when the driver caused the crash, even if that turns out to be the driver of the vehicle they were riding in. If more than one driver caused the crash, the passenger could file claims with each of their auto insurance companies.
An at-fault driver who was performing their job duties at the time of the crash could be liable for the accident, but so could their employer. The injured passenger could file a claim against the insurer of both the driver and their employer.
Defective motor vehicle parts may have contributed to the collision. In those situations, the passenger could file a claim against the parts manufacturer.
Because many different claims could apply, working with an experienced attorney is essential. Your car accident lawyer can help identify all parties and legal theories to maximize your recovery.
Insurance Coverage That May Apply to Passenger Injury Claims
The at-fault driver’s auto insurance policy should cover people injured in a collision they caused. However, since Texas’s minimum liability requirements are $30,000 per person and $60,000 per accident, if more than one person was hurt in the crash, you may not receive compensation for all your accident-related losses. If more than one party was at fault, you can file a claim against each insurance policy to recover compensation that covers all your losses.
Your driver’s medical payments or personal injury protection (PIP) coverage can help cover your medical bills, up to the policy limits, even if your driver didn’t cause the wreck. PIP coverage also pays for lost wages. If you have medical payments coverage on your own auto insurance policy, you can get your medical bills paid that way, up to your policy limits.
What Types of Compensation Can Injured Passengers Recover?
A passenger injury claim allows you to demand compensation from the at-fault party’s insurer for all the losses you sustained in the accident. You could be entitled to money for your:
- Medical bills
- Ongoing medical care
- Future medical expenses
- Lost wages
- Future lost earnings and loss of future earning capacity
- Pain and suffering, including physical pain and emotional distress
- Loss of enjoyment of life
- Property repair or replacement
What Steps Should an Injured Passenger Take After a Texas Car Accident?
It is crucial to seek medical attention immediately after an accident, even if you do not notice any obvious injuries. Some injuries, such as internal injuries, may not be immediately apparent and should be checked by a doctor to ensure your health and to gather essential evidence for your insurance claim or legal case.
After you’ve been treated for your injuries, take these steps in the days and weeks after the accident:
- Continue with your medical care and follow your doctor’s instructions.
- Stay off social media, as the insurer may use your posts or pictures to underplay your claim.
- Keep all receipts, medical records, bills, and other documents related to your claim in one place.
- Don’t talk to anyone from any insurance company without first conferring with a lawyer.
- Contact an experienced Texas car accident lawyer to handle your claim.
The legal process for recovering compensation can be complex, and a personal injury attorney can guide you through the claims process, gather evidence, and advocate for your maximum compensation.
When to Speak with a Texas Car Accident Lawyer
You need a car crash lawyer as soon as you’ve had your initial medical care from the accident. Your lawyer can advise you about what to do and what not to do to help your case.
When you’ve been injured as a passenger in an accident, call Burch Law Firm. We have more than a quarter-century of experience helping injured people get the money they need. We’d be honored to help you, too. Call today for a free consultation about what we can do for you.
