When a passenger is involved in a car accident, they may be entitled to compensation for their injuries and other losses resulting from the accident. The specific settlement amount can vary widely based on factors such as the severity of injuries, the extent of medical treatment required, lost wages, pain and suffering, the long-term impact of the injuries, the insurance coverage available, and the specific laws and regulations of the jurisdiction where the accident occurred.
At Porcaro Law Group, we understand the injuries sustained as a passenger can be just as life-threatening and financially burdensome as the driver’s damages. Because this type of personal injury case can be complex in terms of establishing liability as well as emotionally charged depending on the relationship to the driver, it’s worth sitting down with an experienced Delray Beach attorney to discuss how to approach your claim.
In this informative post, we’ll take you through the process of reaching a fair settlement as an injured passenger and ways to ensure your best interests are protected at all times.
Understanding settlements
A settlement is a resolution or agreement reached between parties involved in a legal dispute or claim. In the context of personal injury cases, a settlement refers to the resolution of a claim outside of court, typically through negotiations between the injured party (or their attorney) and the liable party or their insurance company.
When a settlement is reached, the parties agree on a specific amount of compensation that will be paid to the injured party (in this instance, the passenger) in exchange for dropping any further legal action related to the incident. The settlement amount is intended to cover the damages suffered by the injured party, such as medical expenses, lost wages, pain and suffering, and other applicable losses.
What to do after an accident
If you’re involved in an accident, it’s important to follow certain steps to ensure your safety, gather necessary information, and protect your legal rights. Here’s a general guideline on what to do after an accident:
- Assess your safety: Check yourself and others involved in the accident for injuries and call emergency services if medical attention is needed.
- Contact the authorities: In most cases, it’s recommended to report the accident to the police, even if it’s a minor collision. They can document the incident and provide an official report, which can be valuable when dealing with insurance claims.
- Exchange information: Exchange contact, insurance, and vehicle information with the other party involved in the accident. This includes details like names, phone numbers, addresses, driver’s license numbers, license plate numbers, insurance company details, and policy numbers.
- Document the scene: Take photos or videos of the accident scene, including the damage to vehicles, road conditions, skid marks, and any visible injuries. This evidence can be useful when filing an insurance claim or if legal action becomes necessary.
- Gather witness information: If there were any witnesses to the accident, obtain their contact information. Their statements may support your case if there is a dispute about liability regarding your future car accident passenger settlement.
- Notify your insurance company: Contact your insurance provider as soon as possible to report the accident. Provide them with accurate details of what happened. Follow their instructions regarding filing a claim and provide any necessary documentation.
- Seek medical attention: Even if you don’t believe you’re seriously injured, it’s essential to get a medical evaluation after an accident. Some injuries may not be immediately apparent, and a medical professional can document your condition and provide proper treatment.
- Hold on to evidence: Keep copies of all documents related to the accident, such as the police report, medical records, repair estimates, and correspondence with insurance companies.
- Consult an attorney: If you have significant injuries, are facing disputes over liability, or encounter difficulties with the insurance company, it may be beneficial to consult a personal injury attorney. They can provide legal advice, handle negotiations, and protect your rights throughout the process.
Remember, these steps are general guidelines, and the specific actions you need to take may vary depending on your location and the circumstances of the accident. It’s always a good idea to consult with legal professionals to understand the best course of action for your specific situation.
Determining liability
Determining liability when a passenger is injured in a car accident typically involves investigating the circumstances surrounding the accident and assessing the actions of the drivers involved. The police report provides an objective account of the accident, including details of the scene, statements from involved parties and witnesses, and any citations issued. In general, this report remains valuable to establishing liability from the start.
With that said, liability most often hinges on proving negligence, which means showing that a party failed to exercise reasonable care, leading to the accident. Negligence could include actions like speeding, distracted driving, running a red light, or driving under the influence of alcohol or drugs. If a driver specifically violated state traffic laws and the violation contributed to the accident, it can be a strong indicator of liability.
In complex cases, such as ones where multiple passengers sustained injuries, expert analysis may be needed. This could entail hiring medical professionals or accident reconstruction specialists who can better determine the percentage of liability for each passengers’ injuries.
Dealing with insurance companies
When an accident involves passenger injuries, the role of insurance companies typically comes into play in the following ways:
Insurance coverage assessment: The insurance companies of the drivers involved will assess the insurance coverage and policies in place to determine the potential liability and coverage for the passenger’s injuries. This includes examining the terms and conditions of each driver’s insurance policy, including liability coverage, medical payments coverage, and uninsured/underinsured motorist coverage.
Claims handling: The passenger or their legal representative can file a claim with the insurance company of the at-fault driver to seek compensation for the injuries and damages suffered. The insurance company will assign a claims adjuster to investigate the accident, evaluate the injuries, review medical records and bills, and determine the appropriate compensation.
Liability determination: The insurance companies will assess the circumstances of the accident, including police reports, witness statements, and other available evidence, to determine the liability of the drivers involved. They may assign percentages of fault based on the applicable facts of the case.
Compensation negotiation: Once liability is determined, the insurance company of the at-fault driver will engage in negotiations with the passenger or their representative to reach a settlement. The settlement amount will depend on factors such as the severity of the injuries, medical expenses, lost wages, pain and suffering, and other damages suffered by the passenger.
Insurance coverage limits: The amount of compensation available to the passenger may be limited by the insurance policy coverage limits of the at-fault driver. If the passenger’s damages exceed these limits, they may need to explore other avenues, such as filing a lawsuit or seeking compensation from their own insurance policy.
Tips for dealing with insurance companies
It’s important to note that insurance companies aim to protect their interests and may seek to minimize the amount they pay out in claims. As a result, passengers who have been injured in an accident are often advised to consult with a personal injury attorney right away. A skillful attorney can navigate the claims process easily, negotiate with the insurance company on the passenger’s behalf, and ensure that their rights are protected while seeking fair compensation for their injuries.
Hiring an attorney
It may be necessary to hire a personal injury attorney in many situations following an accident, especially when passenger injuries are involved. Here are some scenarios where hiring an attorney would be beneficial:
Serious Injuries: If the passenger sustains severe injuries, such as fractures, head trauma, spinal cord injuries, or permanent disabilities, it is crucial to have an attorney on your side. Serious injuries often require extensive medical treatment, ongoing care, and can result in significant financial losses. An attorney can help ensure that you receive fair compensation for current and future medical expenses, lost wages, and other damages.
Disputed Liability: If there is a dispute about who was at fault for the accident, the insurance companies involved may try to shift blame or assign partial fault to the injured passenger. This can affect the amount of compensation you are entitled to receive. An attorney can gather evidence, consult experts, and build a strong case to establish liability and protect your rights.
Complex Insurance Issues: Insurance policies and coverage can be complex, especially when multiple parties are involved. An attorney can help navigate the intricacies of insurance claims, review policy limits, and make sure you receive the maximum compensation available from all applicable insurance sources, including the driver’s insurance, your own insurance, and potentially other liable parties.
Uncooperative Insurance Companies: Insurance companies may employ tactics to minimize their payout or undervalue your claim. Unfortunately, this is very common for a car accident that hits on the passenger side. They may delay the claims process, request excessive documentation, or pressure you into accepting a low settlement offer. An experienced attorney can handle negotiations with the insurance company on your behalf, advocating for your rights and pursuing a fair settlement.
Legal Deadlines and Paperwork: There are specific deadlines for filing insurance claims and personal injury lawsuits, known as statutes of limitations. Missing these deadlines can result in losing your right to seek compensation. The right legal team will guarantee that all necessary paperwork is filed correctly and within the required timeframes.
Trial Representation: If a fair settlement cannot be reached through negotiation, your case may go to trial. In such situations, having a skilled attorney by your side who is experienced in courtroom litigation can significantly strengthen your position and advocate for your interests before a judge and jury.
Overall, hiring a personal injury attorney after an accident with passenger injuries is recommended when the injuries are severe, liability is disputed, insurance issues are complex, or there are challenges with uncooperative insurance companies. A personal injury attorney can provide valuable legal advice, protect your rights, and work to secure the compensation you deserve.
Negotiating a settlement
The process of negotiating a settlement involves a series of back-and-forth discussions between the injured party and the insurance company or liable party. If the initial settlement offer is deemed insufficient, the injured party may send a counteroffer for higher compensation.
Keep in mind, settlement negotiations can vary in duration and complexity. In some cases, negotiations may lead to a fair settlement agreement that adequately compensates the injured party. Alternatively, if a fair resolution cannot be reached through negotiation, the injured party may need to consider other options, such as filing a personal injury lawsuit and pursuing the case in court.
Finalizing a settlement
In exchange for the agreed-upon settlement amount, the injured party typically signs a release of claims. This document states that the injured party relinquishes their right to pursue further legal action related to the accident and injuries. It’s crucial to review the terms of the release carefully before signing to ensure that all relevant rights are protected.
From the time you sign the release form to when you receive your settlement check can typically take up to six weeks. However, there are factors that can delay your payment. If you have questions concerning your specific case, talk with your personal injury attorney for clarification.
FAQS
Can I claim whiplash if I was a passenger?
Whiplash is a common injury that can occur when the head is jerked forward and backward suddenly, often as a result of a rear-end collision. It can cause neck pain, stiffness, headaches, and other symptoms. As a passenger, it’s important to gather evidence and establish the liability of the party at fault to make a successful claim.
How much compensation for anxiety after car accident?
A passenger injured in a car accident may experience a number of repercussions. While injuries and property damage are most common, you may also pursue compensation for pain and suffering, which accounts for anxiety following an accident.
I was injured in a car accident as a passenger. Who do I call first?
If you have been injured in a car accident as a passenger, there are several important calls you should make. First, seek medical attention for any resulting injuries. Next, talk with authorities. Lastly, contact your insurance provider to inform them of the accident. If you have a potential case on your hands, discuss your legal options with a personal injury attorney.
Contact Porcaro Law Group for guidance
If you were in a car accident as a passenger and sustained injuries, contact our team of legal experts at Porcaro Law Group to discuss your case. We have handled countless passengers in car accident personal injury settlements and understand the challenges of dealing with deep-pocketed insurance companies. Request a free case review from a car accident lawyer to get the process started today!