Car Accident Passenger Rights
If you were a passenger in a car accident and suffered a serious injury it is important for you to understand that your rights are no different than anyone else injured in the accident. You can seek to recover damages for medical expenses, pain and suffering and other losses from the at fault driver. Even if the driver of the car you were in caused the accident you can still bring a claim against their insurance company.
Friends or Family Members
Passengers who are injured in accidents caused by friends or family members often hesitate to bring a claim against them because they are concerned that their insurance rates will go up. If your friend or family member caused the accident then that in itself will have an impact on their rates. The other party or parties in the accident will undoubtedly bring claims which will affect your friends or family member’s rates. The fact that you, a passenger injured in the accident, bring a claim will have no effect.
As a Passenger in a Car Accident how do I Recover Damages?
There are a couple of ways that you can recover damages.
A passenger injured in a car accident can bring a claim against the at fault party in the accident. In some accidents
more than one party involved may have been found to be negligent, this is referred to as comparative negligence or proportionate responsibility. As an example the percentage of fault can be assigned to one party for 100% or to two parties 60% and 40% or any other split of proportion. The at fault party is deemed to be the one assigned greater than 50% responsibility. Depending on the situation you may have to bring a claim against both parties so it is important that you contact a car accident lawyer to get the best advice.
Personal Injury Protection (“PIP”)
In Houston and statewide in Texas you can get reimbursed for your medical expenses through your own insurance. This coverage is known as Personal Injury Protection or PIP. It is payable regardless of whoever was at fault in the accident and is often used to pay medical bills or reimburse you for you out of pocket expenses. If you have PIP coverage a lawyer can, as part of your injury claim recover these expenses for you. Contact Michael P. Fleming & Associates today for a free consultation 713-221-6800.