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Car accidents often devastate victims or even change their lives completely. Here's valuable information on what passengers should do if they are the ones suffering the consequences of a crash.
What a Passenger Must Do if They're in a Car and an Accident Occurs - The Basics
Passengers who are in a car accident may feel confused, disoriented, and lost. Most do not even know what to do. However, this is the first of all possible steps: wait for the experts to arrive or call an ambulance and get medical help.
After that, passengers often have to talk with the at-fault parties, call insurance companies, collect evidence, and hire the right professionals to handle the process. However, doing all those tasks could be challenging when the victim suffers from painful injuries and feels confused after the accident. It could be even more difficult if the accident is with an illegal immigrant. Therefore, the most important step is to get legal assistance. Here's a detailed explanation of what they should do.
What to Do Immediately After the Accident
Being in a car accident can be devastating. When someone is a passenger in a car, they are not expecting something catastrophic to happen to them. On the contrary, they want to feel safe while the driver takes them to their destination.
Unfortunately, not all car rides go well. Sometimes, accidents occur, and passengers are injured. In many cases, they don't know how to proceed or what to do when it happens. However, there are several steps they should follow, including:
Call an Ambulance
Before even thinking about calling an insurance company or filing a claim against the driver, passengers should call an ambulance.
If someone else does it, they should remain calm until experts arrive. Sometimes, wounds are not visible to the untrained eye, so only healthcare professionals can determine whether or not the person is able to freely walk out of there.
Nobody wants to be involved in a car accident. However, both drivers and passengers should know that getting medical help is essential if they end up involved in a crash or other motor vehicle incident.
If a passenger in a car files a personal injury claim after an incident, they will need as much evidence as they can collect, including medical records. Moreover, if the health professionals are not there yet, victims should call them and be ready to undergo the necessary check-ups.
Passengers Must Contact the Authorities
There are numerous steps to consider before contacting the insurance company. When passengers are still at the accident scene, they should also call the police if someone else hasn't done it already.
Filing a police report can be a hassle most of the time, but it's also a crucial piece of information that car accident experts will use when helping victims take legal action.
Hiring a Car Accident Lawyer Is the Best Idea
Passengers who are victims of accidents would have to pay medical bills. If they suffered catastrophic injuries, medical expenses could be very high.
Therefore, even though some people could explore their options with their health insurance, it is still important to hire a car accident lawyer. Professionals with experience in motor vehicle incidents involving passengers will help victims build a solid case and file an insurance claim.
Filing a claim against the insurance company is often challenging because victims must gather evidence and wait for some time until they can reach a settlement.
However, car accident attorneys can make the process easier because they know how to handle each phase in the process and will explain to victims what they need to do to get the best settlement possible and the justice they deserve.
Victims Should Collect as Much Information as Possible
As mentioned, when someone is a passenger in a car and is suddenly in a crash, they are entitled to some legal rights and can sue at-fault parties or file a claim. In both cases, they will need evidence to support the case.
When they are at the scene, they should write down the other driver's contact information and license plate numbers. In addition, they must get the insurance details of any vehicle that was involved in the crash.
Getting information from witnesses is another crucial step. Victims can get their names and phone numbers, take pictures of the accident, and document their own injuries if possible.
It is also essential to get copies of medical bills, prescriptions, and any records of medical expenses. Victims should also note if they had to take time off work, lost wages, costs associated with altered plans or lost trips, transportation bills, and documentation of any increased expenses related to the accident.
Issues with Getting a Police Report
The police report is essential to sustain the victim's description of the car crash. However, getting it could be both time-consuming and frustrating.
Unfortunately, this is the era of identity theft, so police officers will require a legitimate reason before they agree to give the report and will likely ask for proof of identity before giving it to someone.
The victim can get the incident number from the officer who responded to the scene, call them, and find out how much time the department usually takes to process the reports. After that, they should ask what they need to bring as proof of identity and should find out how much the report will cost them. Typically, it is around $20, which is what they charge for administrative fees. If there's no charge, victims may only need to pay a copying fee per page.
See a Medical Professional If They Suffered Severe Injuries
Even after collecting information and hiring a lawyer, if a passenger in a car sustained critical injuries, they should see a medical professional on an ongoing basis.
Lawyers will help the victim with their car accident cases and guide them to file an insurance claim. However, it is still essential that victims do what healthcare experts recommend to them. Again, they should always keep copies of any records or evidence of their injuries and how their lives have changed as a result of the crash.
Three Options for Passengers
At this point, victims already know what to do right after they are in a car accident. Nonetheless, once they receive medical help and hire a lawyer, there are three ways to approach the situation if they plan to take legal action or seek compensation. These are:
Filing a Personal Injury Claim with the Other Driver's Insurance Company
The first alternative is to file a claim with the other driver's insurance company.
Drivers must carry a minimum amount of insurance coverage in nearly every state. There are two types of coverage: property damage liability and bodily injury liability.
Depending on where the victim lives, the process could be more challenging, especially if the other driver's car insurance policy only offers minimum coverage. If there were multiple victims, things could be even more complicated because insurers can deny a claim if the benefits are exhausted. Therefore, seeking legal help is the best way to go!
How to File a Claim - Main Steps
Overall, the process is the same, regardless of the path victims take to get their life back after the car accident. To file a claim and reach a settlement with the insurance company, these are the steps they should take:
Victims must collect documentation and evidence to support their case
They have to contact the insurance company to start the negotiation process
Once adjusters decide how much the person should pay, victims have to collect the settlement
There are other factors victims must keep in mind if they are filing a personal injury lawsuit, including:
Whether or not there were other injured passengers
If there was another vehicle involved
Local laws and guidelines, such as those related to personal injury protection
Nonetheless, the best way to handle all the nuances of passenger injury claims is to hire a personal injury lawyer who can help the victim and guide them through the process. Experts at Powell Law Firm are ready to take on new cases!
Filing a Claim Through the Driver's Insurance Policy
The second way for victims to handle the process is to file an insurance claim with their own car insurance policy.
Regardless of whether or not the other driver was at fault, the victim's car insurance coverage may be enough to pay for their medical bills and other expenses. This may be different if the pedestrian is at fault in a car accident. It happens due to personal injury protection and medical payments coverage, often known as PIP ad MedPay. Both alternatives cover the expenses of all the passengers in the car (including medical bills) and are considered insurance benefits for the involved parties.
Even though personal injury protection sounds like a fantastic alternative, it is not mandatory in every state. If the driver doesn't have personal injury protection, victims can always file a liability claim with the help of a lawyer experienced in car accidents.
Personal Property
As rough as it sounds, most car insurance policy alternatives do not cover the passenger's personal property.
Most victims not only have to pay medical bills after a car accident but also have to deal with other expenses if they lose their phone, tablet, or other items. In that case, they could also file a claim on their own insurance or pay for the replacements out of their pockets.
Filing a Claim Through Their Health or Car Insurance
It may not seem obvious, but victims of a car accident can file a claim through their own health insurance.
If they have PIP, they could use it to pay their own car accident medical bills, regardless of whether they were passengers in someone else's vehicle.
MedPay and PIP also have their limits. Therefore, when victims file a claim through their own insurance, what they get may not be enough to cover medical bills.
The good thing about PIP is that it covers all sorts of medical bills, including what victims may need in terms of post-accident psychological assistance.
However, if this is still not enough to cover all the medical bills, the person can also tap into their health insurance.
When it comes to health insurance policies, passengers injured in car accidents must ask their insurers before making any moves. Most health insurance companies have specific guidelines regarding auto accidents.
In some cases, they may have to exhaust their auto insurance before using their health insurance, so talking to the adjuster before making any decisions is essential.
Uninsured Motorist Coverage
Victims can file their own car accident claim if they have uninsured or underinsured motorist coverage. It is also a good option to consider if the driver's insurance policy is not enough to cover the losses.
Before using health insurance, for example, victims of a car accident must check with the other party and determine if their driver's insurance policy can cover their damages. A personal injury attorney can help during this process, as they can serve as intermediaries and assist those affected.
Health Insurance
As mentioned, victims should exhaust all their options before considering their own health insurance company due to multiple reasons.
On the one hand, when victims contact their health insurance company, they may find out that they can't even use the coverage in the first place because they have to rely on other sources first.
Also, if they use their own health insurance coverage and the driver's insurance policy later pays for the car accident bills, victims may have to repay the money their insurance company gave them.
Medical Payment Coverage
MedPay, just like PIP, is one of the most frequently used resources in the United States when it comes to getting settlements after a car accident.
This alternative often doesn't offer as many benefits as PIP, but it is still a good option to consider, especially if victims need to pay their medical bills soon.
No-fault Insurance and Passenger Injury Claims
If someone is in one of the dozen states where they have to turn to their own car insurance coverage when they are in a motor vehicle accident, they may have to go through the hassle of filing the paperwork and relying on what they have.
The best way to handle this challenging process is to hire a lawyer, especially if the victim is considering filing a personal injury lawsuit to recover lost wages or seek compensation for physical pain.
What if a Spouse or Relative Suffered Injuries in the Accident?
Sometimes, family members of passengers are also injured in the same car accidents. In unfortunate cases, they are even the ones behind the wheel.
However, many insurance policies cover the policyholder, their spouse, and licensed drivers if they live in the same household.
Consequently, if a passenger is in an accident with someone they live with, they will most likely not be able to file an injury claim because the same policy covers all of them.
How Much Is a Passenger Case Worth?
All car accidents are completely different from each other. No one can say that two crashes are the same, as they involve different people. Also, no two victims are the same, as each can suffer unique injuries.
Most judges, juries, and car insurance adjusters consider several different factors, such as the following:
The severity of the victim's injuries
Past and future lost income
Medical treatment
The likelihood of experiencing long-term effects after the accident
Pain and suffering (physical and emotional)
Victims do not how much their case is worth until they get started with the process and eventually get a settlement. However, auto accident lawyers in St Louis at the Powell Law Firm have a lot of experience in the field. Therefore, in some cases, they can give clients an idea of what to expect in the future.
Hiring an attorney is as essential as following the doctor's suggestions. Handling insurance policy details, getting important information from other drivers and any car involved, and collecting all the crucial documents can be time-consuming, frustrating, and exhausting, especially if the person is already tired, confused, and in pain.
However, with the help of a lawyer, everything can be smoother. Personal injury professionals are prepared to help clients, guide them, and offer different alternatives to get the best outcomes possible.
Do Passengers Often Get Settlement?
Most accidents settle because people want to avoid going to court. If someone files a claim, both parties will likely want to reach that phase.
Some advantages of settling include avoiding the uncertainty of a trial, saving time, and limiting costs – which greatly helps because the process can be expensive.
Although it does not happen in most cases, sometimes neither party can agree, and they don't settle. When this occurs, they often have to take things to trial and wait for a judge or jury to solve the dispute.
Conclusion
Passengers can also be victims of motor vehicle accidents. When this happens, there are a few things they can do to handle the situation, file a claim with their car insurance company, or recover lost wages. However, getting legal assistance is the best idea in all cases!
Powell Law Firm has an experienced team of lawyers who can help injured passengers fight for their legal rights and get the compensation they deserve!