September 28, 2023 | Car Accidents, Compensation, Personal Injury
Being an injured passenger after a car accident can leave you feeling helpless. You weren’t driving either car involved, and your insurance isn’t responsible for car repair claims. You’re not at fault for anything, yet you still are a victim of injuries caused by the accident.
These injuries induce medical costs, lost wages, and other expenses. What should you do?
Contrary to what someone might think, passengers injured during a car accident that they had no active role in still have every right to receive compensation.
In fact, in most cases, it will be a more straightforward process than that of either driver involved in the accident. The important thing, no matter what role you play in a car accident or which state the accident takes place, is that you take the right steps afterward to ensure a smooth claims process.
Related: 5 Types of Car Accident Compensation You can Claim
You may not have been one of the drivers involved in the car accident, but that doesn’t mean you shouldn’t be included in the information exchange process.
Your insurance will not be responsible for your injuries, as you weren’t at fault. The claims process determines which driver is at fault for the accident at hand. However, the injuries you receive will incur medical expenses, lost wages, and more.
Those are all costs resulting from the crash and will fall under the responsibility of whoever is at fault. Make sure to get both drivers’ information, as well as information on the car accident police report. Whether fault seems obvious or not, it is smart to obtain information from all possible sides to cover your bases.
Just as the drivers will file car accident claims, you should file an injured passenger claim.
Their insurance companies will duke it out to determine who is at fault in the car accident, but your insurance company is typically never responsible for your passenger-injury-related expenses.
You can choose to file a passenger injury claim with only one insurance company if the fault is very apparent. However, if determining fault may not be as cut and dry, you can always file your passenger injury claim with all involved drivers’ insurance companies and allow them to decide who’s responsible for your claim.
Whether you choose to claim your injuries on one or multiple insurance companies, is considered a third-party claim. This term refers to the fact that you are not claiming anything with your own insurance company.
While not the most obvious option, you can consider filing with your own insurance policy. In fact, No-Fault states often encourage passengers to pursue the PIP on their insurance.
If the driver of the vehicle you are in as a passenger is at fault, you can still receive compensation for things like medical bills and pain and suffering. If, for instance, you are in a vehicle with a driver who is under the influence, you can file a personal injury lawsuit to seek compensation.
In a car accident event, someone must be deemed at fault. In some cases, drivers may share blame and both be deemed responsible for the accident. When it comes to receiving car accident compensation, this is a crucial step that will determine the outcome.
Liability may rest with the driver of the vehicle you were in, the driver of another vehicle involved in the accident, or both.
If you are a passenger in a vehicle that has been involved in an automobile accident, the at-fault driver’s insurance will, in most cases, be responsible for covering the costs of your compensation. This means that as a passenger, you may be able to seek compensation from the at-fault driver’s insurance company.
Similar to being in a car accident as a driver, things get a bit more complicated if the driver responsible for the accident is either uninsured or underinsured.
If the driver is uninsured or underinsured, you may need to explore other options, such as filing a claim with your own insurance or seeking compensation from other liable parties.
There are still ways you can take action against an uninsured driver after a car accident – even if you are just a passenger.
If the insurance companies are in dispute over who is at fault and neither company wants to claim responsibility for your injuries, a lawsuit may be your next option. Filing a lawsuit for additional damages may be the route you need to take to ensure you receive the proper compensation you deserve.
However, even if you do not need to take your claim to court, hiring an attorney is always advisable.
A personal injury law firm with car accident attorneys, like Ortwerth Law, will help guide you through every step of the process. They’ll advise how you should approach your insurance claims and whether or not you should sue for additional damages.
Are you an injured passenger seeking legal representation? To obtain the compensation you deserve, seek legal advice immediately from Craig Ortwerth at Ortwerth Law.
We’ve earned a reputation for aggressive advocacy and dedication to clients’ who have been injured or killed due to an auto or car accident.
We fight for compensation to cover your expenses, including costs for medicines and treatment, and damages for your loss of income resulting from the accident. We use advice from medical experts to understand your injuries and the medical needs they entail to determine how much compensation to seek for you.
Your welfare and best interests are our sole priority, whether we are negotiating a settlement or representing you in the courtroom.
Contact us today for your FREE consultation!ter
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If you need legal representation, Ortwerth LLC is who I recommend. Communication, compassion and professionalism...
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I grew up playing sports with Craig since grade school. Dedication, determination, and commitment lead to his success as an athlete and now leads him to be successful in law. When I was in a accident several years ago I called to ask for his help. He took care of all the legal tasks while I concentrated on physical therapy. I have recommended several of my friends and family to Craig and he has given them the same commitment and assistance. I endorse Craig and his firm for anyone needing legal service.
I’m so grateful that Craig Ortwerth and his office took on my car accident case. Craig was so easy to work with and he quickly replied back to any questions or concerns I had and explained every step to me. I felt such relief knowing I was in good hands and I didn’t have to worry about dealing with the insurance company so I could focus on healing from my accident.
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As the Office Manager at Healthcare Complete, I would highly recommend the legal services from Brian McChesney and Craig Ortwerth. We have routinely referred our personal injury patients in need of legal advice/representation to their firm, and our patients have ALWAYS been well represented and satisfied. On a personal level, I have been represented by their firm for a personal injury case and have been equally satisfied. I have referred family and friends to the firm for similar situations. Our office, Doctor and Staff hold the firm in high regard. Thanks for all you've done for us through the years!
This was the first time I have ever needed a lawyer. And Craig Ortwerth was refered by a friend he made this process easier than I could have ever imagined. All I had to do was sign a few papers and everything else he took care of. I'm so happy with the outcome and working with Craig was great.
Hands down this is the best firm in St.Louis! I have had the BEST experience at McChesney & Orthworth. I have worked with Brian who from day one of me walking into the office has provided the most humble counsel.Very professional. When stepping in this office I felt like they truly wanted to help me get the best care. I can't say enough about his firm. Truly amazing!! I would recommend this firm to others in a heartbeat! To all of you at McChesney & Orthworth law group, a sincere thank you!! Many Thanks! Brooke Hinkle
I had Craig ortwerth represent me for a workmans Comp case and I will say he did an amazing job was very easy to keep in contact with and he handled everything in the best way possible I am extremely happy with the settlement he got me I fully endorse his law firm nothing remotely negative to say
I have worked with Craig Ortwerth on a few different occasions. Each time I was very pleased with the out come. Everyone from the staff to the lawyers are nice, respectful and give excellent customer service.
Brain McChesney has represented and guided us through several legal matters over the past 15 - 20 years. We have found him to be knowledgeable, responsive, aggressive, reasonable, and trustworthy. We would not turn to anyone else in the future. I highly recommend him.
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