Can the Passenger in a Car Accident File a Insurance Claim?

If you’ve been involved in a car accident, you know how stressful it can be. The situation becomes even worse when you’ve suffered an injury due to the accident, whether the injury is serious or minor. If you were injured in an accident as the passenger at the time, you may be wondering if you have the right to file a claim against the person who is at fault for the accident.

Can I File an Insurance Claim?

The short answer to this question is yes. As with any accident, if you were injured, you have the right to file a claim. After you’ve been injured, you file a claim just like you would file any personal injury claim. The questions that beg answering after that are: how injured did you get and who is liable for the injuries?

car accidentYour claim after the accident would be filed against whichever driver was at fault. It is advisable to get all driver insurance information after the accident, so you are prepared to give all the information you may need to provide. If the accident was clearly one driver’s fault, such as a rear-ending, it is easy to tell which driver you need to file against. However, if it was a multiple-car accident, it may be up to the insurance companies to find fault. In such a case, your insurance company would need to know all insurance information necessary.

After you file your claim against whoever is liable, you will then most likely then need to prove how injured you were as a result of the accident. Like any other accident, you should seek medical attention for your injuries. Doing so does two things: assures that your medical health is alright, and it provides record of your injuries for the insurance companies and/or court.

How is a Settlement Reached?

A settlement is reached by both insurance parties. During the process of finding out who is liable, the insurance companies will also calculate how much a settlement is worth. After that is concluded, your settlement as an injured passenger is taken out of the settlement from the insurer of the liable driver. Usually in these cases, there is one lump sum from one insurance company (the one representing the liable driver), and all those who are awarded a settlement take a certain percentage of the same one. The percentage and amount the passenger is awarded is decided by insurance companies.

This process could become complicated for the passenger as they wait for settlements and insurances to make decisions behind closed doors. It is advisable all parties seek the help of a legal representative. Contact us today if you’ve been involved in an accident and ended up an injured passenger because of it. In the meantime, you can read more about your next steps here.