A passenger typically has an easier time than a motorist when filing an injury claim after an auto accident. Continue reading to discover why.
Passenger Injury Claims After a Car Accident
In a car accident claim, the plaintiff must be able to prove two things: liability (responsibility for the crash) and damages (injuries sustained as a result of the crash.)
If the car accident involved more than one vehicle, at least one or more of the drivers involved will assume responsibility. As a general rule, the driver who is found to be responsible for the accident will assume a portion of fault for the crash. In the State of Nevada, our government has enforced the apportionment of fault rule, which means that both drivers can assume responsibility for a crash, and their financial award can be reduced by the percentage they are found liable.
As a passenger, however, you are not held accountable for fault. An injured passenger can recover damages such as medical bills, lost wages, pain and suffering, and more.
Filing a Passenger Personal Injury Claim
When an injured passenger files a personal injury claim against the at-fault driver, this is what we refer to as a third-party car insurance claim. A passenger injury claim is handled like any other type of personal injury claim with the exception that the passenger may file a claim against both drivers if each driver held a portion of fault.
For this reason, if you are are a passenger and have been injured in a car crash, it is in your best interest to hire a personal injury lawyer as quickly as possible.
If Multiple Passengers Are Injured
Another scenario is if more than one passenger was injured in a car accident.
Let’s say, for example, a vehicle carrying four passengers was involved in a side-swipe accident. All five occupants file a claim against the at-fault driver. If the total collective value of the injury claims exceeds the at-fault driver’s insurance policy limits, each injured person may be forced to settle for less than what their actual claim is worth.
In other words, all injured victims have to share their award from the same “pot”. If the claimants cannot agree on the amount that they are all owed, the passengers will have to file a lawsuit.
If you have been injured in a car accident as a passenger of a vehicle, please contact The Injury Firm today for a completely free case review. Our car accident lawyer has over a decade of experience in personal injury law, and he is determined to achieve maximum compensation for your injuries. Contact us 24/7 by calling (702) 800-0988.