As a Passenger in a Car Accident, What are My Rights?

We frequently discuss drivers who cause vehicle accidents as well as drivers who are injured in car accidents. When a traffic collision happens, however, many vehicles have occupants. Even though they aren’t behind the wheel, passengers have rights if they are injured.

Some wounded passengers are apprehensive about pursuing a claim against a friend or family member who was behind the wheel. Injured passengers, on the other hand, should not be responsible for the financial consequences of their injuries if they were caused by someone else.

Passengers in New Orleans have the right to seek compensation following an automobile accident, but the process varies depending on insurance policy and individual circumstances. More information regarding making an accident injury claim in New Orleans for passengers injured in a car accident and their rights is provided below.

The Fundamentals of Passenger Rights

When you’re a passenger in a car accident, your rights are similar to when you’re the driver: Your expenses, such as medical bills, agony and suffering, and so on, should be covered by the at-fault driver. It makes no difference whether the person at blame was driving the vehicle you were in or another vehicle involved in the collision.

The Report of the Police

When you’re in the aftermath of a car accident, the last thing on your mind is likely to be correct processes and documentation. It’s crucial to make sure you’ve recorded as a passenger in the accident if you’re medically able to. Speak with a police officer on the spot to ensure this is done. Don’t worry if you’re not in a situation to handle this right away; you may take care of it later by contacting your insurance provider and informing them of the accident.

It’s crucial to figure out who was at fault.

The problem is that following an automobile collision, liability is not always evident. You may be eligible to seek compensation for your accident-related injuries from the following sources, depending on the circumstances:

• The opposite vehicle’s at-fault driver
• Owner of the at-fault party’s car
• The driver of the car in which you were riding at the time of the accident
• The owner of the vehicle in which you were riding at the time of the accident
• The at-fault party’s boss

It’s possible that more than one party is to blame for an accident. The court may decide that the driver of the other automobile was 70% to blame for the accident, while the driver of the car in which you were riding was 30% to blame. As a result, you may have many claims against different parties. Your lawyer will be able to assist you in identifying all parties liable for your accident and obtaining proper compensation.

What Should You Know Before Making A Passenger Claim?

As a passenger, you have the right to be reimbursed for your injuries if you are injured in a car accident. Nonetheless, many insurance companies will attempt to reduce the number of damages they must pay – or perhaps deny your claim entirely.

This process begins as soon as the accident occurs, when the insurance company opens its own investigation into the incident, looking for methods to prove that the insured was not at blame, or that the passenger played a role in the tragedy in some way.

For example, if you were injured in a single-vehicle accident caused by a drunk driver, the insurance company may argue that you were aware of his inebriation yet permitted him to drive or got into the car regardless, and thus they should not be held liable for the entire amount. Alternatively, the insurance company could claim that you distracted the driver and so caused the accident.

This is why having your own New Orleans car accident lawyer is so important for a complete recovery. You can defend your legal rights and achieve the best possible recovery with the advice of an experienced lawyer.

How to File a Personal Injury Claim?

The good news is that your injuries should be covered by your insurance. After all, as a passenger, comparative negligence does not apply to your own injuries, and someone will be held liable for your losses.

If one of the drivers is at fault, his or her insurance carrier will be responsible for any claims arising from the vehicle collision.

To begin, you must go through the claims process, which the insurance company deliberately makes complicated in order to decrease the amount you can recover after an accident.

To reduce the risks of the insurance company taking advantage of you during the personal injury claims process, you should always have a car accident lawyer defend you.

Damages to an Injured Passenger in an Insurance Claim

The following expenses may be covered by the liable driver’s insurance carrier for an injured passenger:

• Medical expenses (medical care includes surgery, hospitalization, and physical therapy)
• Wages that have been lost (for time missed from work or a reduction in earnings capacity)
• Suffering and pain
• Emotional anguish
• Damages for wrongful death (awarded to a survivor or the passenger’s heirs)

For your individual injury, you may be eligible for financial compensation.

Do Not Be Afraid to File a Personal Injury Lawsuit if You Have Been Injured.

When the driver is a friend or family member, a motor vehicle passenger may be hesitant to pursue a claim against the legally responsible driver.

Rather than paying out of pocket, the claim will most likely be covered by their insurance coverage. You will not be fairly compensated, and you will be the only one who suffers.

This is where you must protect yourself and your passenger’s rights. Otherwise, you will forfeit your legal right to reimbursement.

Get the Legal Help You Need If You’ve Been Injured as a Passenger in a New Orleans Car Accident.

Our Law Offices’ expert legal staff has vast experience advocating for wounded vehicle accident victims, including those who have been harmed as a victim. Severe injuries result in astronomical medical bills, missed wages, and other losses that can last a lifetime. Contact us right away if you’ve been hurt as a passenger in a car accident.

 

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