What About Passenger Eligibility For No-Fault?
- March 9, 2017
Car accidents are typically stressful events, especially if you suffer serious injuries. While the vast majority of automobile accidents are not hard to resolve, those that are serious can take months to wrap-up. However, if you are injured as a passenger in a car accident, you may have an easier time obtaining compensation for your injuries because in most cases one or both of the drivers will be liable. The following is an overview of how no fault laws apply for those hurt as passengers. If you have been injured in an accident due to the negligence of another driver, contact a personal injury lawyer for advice.
How To File Your Claim
In most cases, injured passengers file a personal injury claim just like any type of automobile accident except you file your claim against both of the drivers involved in the accident if there were two cars involved. However, this may not apply if one of the drivers was clearly not at fault in any way such as in a rear-end collision. Because the laws regarding the filing of personal injury claims can be complex, it is best to have a personal injury attorney examine your case before moving forward.
What If Many Passengers Are Hurt?
The law can be more complex if many passengers were hurt in the same accident and one driver is clearly negligent and at fault. All injured passengers must share the money set forth by the insurance company or sue the at-fault driver for the difference. In most cases, the passengers can get less than they deserve because there is only so much money to go around. If you live in a no-fault state, your own health insurance can be used to cover your accident related medical bills. You may also use your own under/uninsured motorist policy to cover your bills.
While it is difficult to know exactly what type of damages may be covered for passengers in a personal injury lawsuit, some of the most commonly awarded damages are:
- Lost Wages
- Hospital Bills
- Ambulance Transport Fees
- Surgery Costs
- Price Of Speech, Physical Or Occupational Therapy
- Pain And Suffering
- Mental Anguish
If you are disabled due to the accident and can no longer work, your lawyer may also attempt to obtain a settlement for future lost wages. This kind of monetary settlement is designed to provide you with compensation for money you will not be able to earn over the course of your career. You may also be able to obtain a partial settlement for future lost wages if you can return to work but cannot perform the same job duties and will earn less money due to the accident. However, because the law regarding compensation after an automobile accident can vary from state-to-state, it is typically best to speak with an experienced lawyer to help you file your claim in court.
If you have been hurt as a passenger in an automobile accident, you most likely have mounting medical bills, ongoing pain and you may find it difficult to work. While the situation may seem insurmountable, there is help available. Contact a personal injury attorney for an evaluation of your injuries and medical expenses. After reviewing the facts surrounding your case, an attorney will let you know if you should proceed with the filing of a personal injury claim in court. While being successful in your case may not restore your health, it can provide the financial resources necessary to get your bills paid so you can get back on your feet.