As an injured passenger, you deserve compensation for your auto accident claim like any other accident victim. You just have to know how to pursue your compensation. Below are some sources of compensation to use.
Your Auto Insurance
Your auto insurance may cover some of your damages, depending on your coverage. For example, personal injury protection (PIP) coverage may pay the following:
- Medical bills
- Health insurance deductible
- Lost wages
- Essential services you cannot do, such as childcare
Medical Payments (MedPay) coverage may cover your healthcare-related costs, such as hospital stays and ambulance charges.
You may get PIP and MedPay compensation irrespective of the liable party. In addition, you may get the compensation packages faster than you would third-party claims. You only need to prove that you suffered damages in an auto accident.
You can sue your driver for damages if their actions cause an accident. In this case, you must prove that the driver's negligence caused the accident that caused your losses. Such a third-party claim requires you to:
- Collect and preserve evidence at the scene
- Get the driver's address, name, and insurance information
- Send a demand letter to the driver
- Negotiate a compensation package with the driver's insurance adjuster
- Litigate your auto accident case if you don't settle it
The case gets complex if the circumstances don't show the driver clearly as the liable party. Consult an injury lawyer to help with the process and pursue your damages.
The Other Driver
In case of a collision with another vehicle, file your claim against the other driver if you can prove they caused the accident. The process would be the same as above; the main difference is that the other driver would be the defendant.
Lastly, remember that drivers are not the only ones who can cause accidents. Other potentially liable parties include:
- Road contractors or maintenance companies
- The drivers' employers
- The vehicles' manufacturers
- The vehicles' owners
- Other passengers
Therefore, you must understand the accident's cause and link it to the right party. If someone other than the driver is liable for the crash, they should pay your damages. In this case, the process depends on the liable party and their insurance situation. For example, a claim against a government body varies considerably from a claim against a car manufacturer.
Consult an auto accident lawyer to help you pursue your compensation. The lawyer can help you get evidence, calculate damages, and negotiate your settlement. For more information, contact a professional like David Helfand PA.