If you are the passenger in a car that is involved in a car accident and are hurt, what should you do? Should you file a claim against the driver?
In today’s post, we’ll take a brief look at some of the things to consider when it comes to injured passengers and car accident claims.
If you are an injured passenger, can you sue the driver?
Before we answer this question, be aware that whether you can sue the driver of the car you were in when injured as a passenger, is not the same thing as whether you should sue or not.
Can you sue the driver of your car if he or she was the at-fault driver? The short answer is yes.
But should you?
The answer to that question depends on whether you have sufficient grounds to do so, and whether it makes economic sense for you to do so. To find that out, you will need to consult with an experienced personal injury attorney.
Injured passengers can file claims against the at-fault driver to recover for their injuries. Because as a passenger you are not at-fault for the car accident, you can file a claim against, or if necessary, sue, either the driver of the car you were in, or the driver of the other car, or, in some cases, both drivers to recover for your injuries. In states like Georgia, where your percentage of fault can reduce your award, this is an important fact.
Whose insurance should you make a claim against?
One aspect of recovering for injuries as a passenger, is that there may often be a number of different types of insurance policies involved. In most passenger injury claims, there can be insurance coverage from:
- the liability insurance of the owner or driver of the vehicle you are a passenger in
- the other driver’s insurance
- your personal car insurance
- your personal health insurance
Unraveling which insurance company will cover what for a passenger’s injuries, requires expertise. Insurance law is a complex area of law. And figuring out which insurance will pay for your losses is not easy. That’s why, if you have been injured as a passenger in a car accident, you should hire experienced personal injury counsel.
What injured passengers should not do.
If you have been injured as a passenger, there are some things that you should not do until you can hire competent counsel to advise you.
Chief among the things you should not do is trying to deal with the insurance companies yourself.
Keep in mind that the priority of the insurance company is to not pay out on, or to pay as little as possible on, any claim. That means that the insurance representative is not your friend and does not have your best interests at heart.
So, until you have the advice of counsel, do not sign any papers. And do not allow the insurance company to make a recorded interview.
Finally, hire counsel as soon as possible.
Personal Injury Attorneys in Cumming, Georgia.
The personal injury attorneys at the Law Offices of Mark Weinstein, P.C., are here to help you. We serve clients in Atlanta, and in several counties throughout Georgia, including: Clayton County, Cobb County, Dekalb County, Douglas County, Fulton County, and Paulding County, among others. To find out how we can help you, call us at: 770-888-7707. Or contact us here.