If you suffered an injury in a car accident while not driving, you might be eligible for financial compensation depending on what happened or who caused the accident. You may still have legal rights to a compensation, and Liberty, MO, car accident attorney can help you fight for the compensation you deserve. Contact Aramjoo Law Firm Personal Injury Lawyers to learn more about the legal process and how to get a settlement check.
In Missouri, Injured Passengers File a Claim Against Whoever Was at Fault
If the other driver was at fault for the accident, you will file a claim against their insurance. There may be multiple claims filed from the same traffic accident.
Car insurance policies are usually written on a per-accident basis. Thus, you may be competing with the injured driver and other passengers for the same amount of available coverage.
While you usually file a claim against the insurance of a driver whose car you were riding in, there are some limitations to this right. Insurance companies often have provisions that prohibit you from receiving financial compensation when a member of your household drove the car.
Missouri courts have not allowed this limitation to be completely enforced, meaning that you might still obtain some compensation (the minimum coverage levels) when a spouse is driving. You might receive the minimum amount of auto insurance coverage, but the household exclusion will be enforced for amounts above the minimum.
As a passenger, you can also file a claim against your own car insurance policy under your uninsured or underinsured motorist coverage, which can come into play when you cannot file a claim against the driver for the total amount of your damages.
Filing a Claim When The At-Fault Person is Family
If a friend or other family member was driving the car, you can still file a claim against their insurance. Remember that the insurance company is paying the claim and not the driver themselves.
If you hesitate to file the claim because you feel that you are “punishing” the responsible driver, you are giving up compensation that you legally deserve paid by the insurance company. You need to look out for your own legal and financial interests and put yourself first. If you fail to file a claim, it is the insurance company that benefits at your expense.
Filing Claims Against Multiple Insurance Policies
In some cases, both drivers may share the blame for the car accident. For example, you may have suffered an injury when the other driver ran a stop sign, but the driver of your car was speeding. In that instance, you will file a claim against both insurance policies. The insurance companies will share the costs based on each driver’s percentage of fault.
Filing a claim against multiple insurance policies can help when there are multiple injured people from the same accident and a coverage limit. The first thing you need to do as an injured passenger is to hire an attorney to help get to the bottom of who was responsible and the different coverages of the drivers involved in the crash.
Compensation for Passenger Car Accident Injuries
You can obtain the following types of compensation for your car accident injuries:
- The total cost of all your medical care, including hospital stays, doctor’s charges, prescription medications, and medical equipment
- Lost wages for money that you can not earn from working
- Pain and suffering for both the physical and emotional discomfort from your injuries
- Loss of enjoyment of life
- Permanent scarring and disfigurement
An Attorney Will Fight to Maximize Your Compensation
As an injured car passenger, where and how you file the claim depends on who was responsible for the car accident. From your standpoint, you need to hire an attorney to look out for your own interests, so you are not controlled by any insurance companies.
You will need to negotiate with the insurance company to receive the most money you are entitled to, and it will not be easy. Your attorney may need to reject several settlement offers and even take the case to court.
Never settle a car accident claim for less than it is worth. You may receive compensation to pay for your medical bills and little else left over, which is a serious problem when you are relying on this money to cover things like lost expenses.
Contact a Liberty, MO, Car Accident Attorney Today
If you are injured while riding in a car, The Aramjoo Law Firm Personal Injury Lawyers are the legal heavy hitter you need when forced to fight for financial compensation. We will assert your legal rights. Contact one of our attorneys online or call us today at (816) 479-5895 to speak to a lawyer.
Car Accident Case FAQs
How will I know who was responsible for the car accident?
The insurance companies will jointly determine liability and go to arbitration if necessary. However, your lawyer may perform their own investigation of the crash.
Does the police report decide responsibility for the accident?
The insurance companies will certainly give significant weight to the police report, but the officer is unable to determine fault at the scene.
How much is my car accident case worth?
Our attorneys will review your circumstances to help you determine the amount of your damages based on the unique and specific injuries that you have suffered.