When a passenger is injured in an auto accident, they may be eligible for monetary damages. Their ability to make a recovery and the amount they may receive is based on multiple factors. Below, readers can learn more about these factors.
Liability
If a plaintiff seeks a recovery through an insurance claim, or if they sue the other driver, they must prove the other party’s liability. If it was a single-car accident, the claim goes to the driver’s insurer. These cases are fairly straightforward because the person has usually made a mistake that has caused the accident. In multicar accidents, insurance claims are filed against the at-fault party’s insurance company. However, in some cases, claims are filed against both drivers’ insurance companies until blame is assessed.
Damages
A passenger might be able to recover damages resulting from an accident. These damages can include those for lost wages, medical bills, and damaged property. The plaintiff and their personal injury lawyer in Bremerton must provide documentation of their damages to be eligible for a recovery.
The Claims Process
Injury claims for passengers work similarly to those filed by other victims. Passengers should get insurance information from both drivers, and they can file claims against both parties’ insurance companies. Whether a passenger files one claim or multiple claims will depend on the circumstances of the case, for instance, if one driver is obviously not negligent, the passenger can only file a claim against the at-fault party. The claims process differs in no-fault jurisdictions, they do not require documentation of negligence to prove the medical part of the claim.
Settlement
The process continues with attempted claims settlement. If two vehicles are involved, parties may be reluctant to settle because they believe the other person is at fault. Other issues can arise when multiple passengers are harmed in an accident. Insurance policies have maximum limits on injury claims and, if multiple passengers are injured, each person may need to sue the negligent driver to make a full recovery.
Comparative Fault
In some cases, an insurer may try to mitigate their liability by proving that the victim’s conduct contributed to the auto accident. This can be accomplished by proving that a victim has violated a traffic law or was distracted. When passengers are involved, they can Contact Anthony Otto to see how a personal injury lawyer in Bremerton can raise this defense if the driver was distracted.
