If you were a passenger in a vehicle that was in an accident and you were injured , what are your rights? What can you do ensure your medical bills are covered? What happens if you miss work due to your injuries? Thankfully, you have several options to ensure you are properly compensated. I have been a car accident lawyer in Cleveland, Ohio for more than 40 years, and I will negotiate with the insurance company on your behalf to obtain the most compensation possible. Here’s what you should know.

Steps to Take as a Passenger in a Car Accident

If you are an injured passenger in the at-fault driver’s car that is involved in a car accident, it’s crucial to take a series of carefully planned steps to safeguard your well-being. You can also help protect your legal interests by:

Ensure Safety at the Accident Scene

Prioritize safety above all else. Assess the situation and make sure you, along with others involved, are safe from potential hazards. If possible, move away from traffic and the accident scene to a secure location.

Call Emergency Services

Immediately dial 911 to report the car accident. Request medical assistance if anyone, including yourself, is injured. Timely medical attention is essential for assessing and documenting car accident injuries.

Document the Accident Scene

Use your smartphone or a camera to capture photographs and videos of the accident scene. Focus on details such as the vehicles involved, their license plates, road conditions, skid marks, and any visible injuries you or others have sustained. This visual evidence can be invaluable later.

Exchange Information

Collect contact and insurance information from all parties involved in the car accident, especially the at-fault driver. Exchange names, phone numbers, addresses, and insurance policy details. This information is vital for your car accident claim.

Seek Medical Attention

Regardless of the apparent severity of your injuries, it’s crucial to seek a thorough medical evaluation. Some injuries may not manifest immediately, and a medical assessment will create a record of your condition, which is vital for your personal injury claim.

Notify Your Insurance Company

Contact your own insurance company to report the car accident and provide them with the relevant details. Cooperate with their requests for information and documentation.

Call Me, Tim Misny, Your Car Accident Attorney

Considering the complexities of car accident cases, it’s important we talk right away. I will provide you with legal guidance, ensuring that you get all of the information you need. After a crash, car accident victims greatly benefit from the voice of someone who cares, and has the legal expertise.

Preserve Evidence

Keep meticulous records related to the car accident, including medical bills, police reports, correspondence with insurance companies, and any other relevant documents. As all car accident lawyers can attest, these records will serve as crucial evidence in your car accident claim.

Avoid Talking to the At-Fault Driver’s Insurance Company

Refrain from discussing the car accident or your injuries with the at-fault driver’s insurance company until we have talked As an experienced car accident attorney, it is important that I talk to their insurance company first.

File a Personal Injury Claim

After we make sure you are ok, I will initiate the process of filing a personal injury claim against the at-fault driver’s insurance. I will help you compile evidence, and I work with a team of experts who will assess the value of your claim based on your injuries.

Keep Records of Your Recovery

Throughout your recovery process, maintain a comprehensive record of all medical treatments, rehabilitation progress, doctor’s visits, prescriptions, and any changes in your condition. This documentation will be essential for demonstrating the extent of your accident injuries and their impact on your life.

Negotiate a Settlement

I will engage in negotiations with the at-fault driver’s insurance company to reach a fair settlement for your car accident claim. This process involves assessing the full extent of your damages, including medical expenses, lost income, pain and suffering, and more. Insurance companies are businesses, and their goal is to offer you the bare minimum payout. As a personal injury attorney, I have a long, successful history of negotiating with insurance companies.

Consider Legal Action

If negotiations fail to produce a satisfactory settlement offer, we will talk about the possibility of filing a lawsuit. Legal action may be necessary to pursue your car accident case in court to obtain the compensation you deserve.

Attend Legal Proceedings

If your case proceeds to court, make sure to attend all necessary legal proceedings and hearings. I will guide you through this process, ensuring that your interests are well-represented in the pursuit of your car accident claim.

Car accidents can be devastating, and the injuries sustained can possibly change how you live you life. As the passenger in a car that has been involved in a crash, it is important to know what your rights are, and know that help is there for you. I am highly experienced car accident lawyer who will work diligently on your behalf. Call me for your free consultation and I’ll Make Them Pay!®

Can a Passenger be Liable?

In general, passengers in a car accident are not held liable for the accident itself. Liability in a car accident typically falls on the driver involved, and passengers are considered innocent third parties who do not control the vehicle’s operation. However, there can be rare situations where a passenger’s actions or behavior contribute to the accident or its severity, which may lead to shared liability.

You may trust the person who you were driving with, and may even be good friends with them. That does not mean they will not try to place the fault on you. This is why, even as the passenger, it is so important to call me after you’ve been involved in an accident. I will make sure you are not blamed for these following acts:

Contributory Negligence

If a passenger’s actions, such as distracting the driver, grabbing the steering wheel, or encouraging reckless behavior, directly contributes to the accident, they could be considered partially at fault. In such cases, their level of responsibility would be determined by the legal concept of contributory negligence.

Assumption of Risk

In some cases, passengers who willingly participate in dangerous or illegal activities in a vehicle, such as street racing or other illegal activities, might be seen as assuming the risk of injury. This could affect their ability to seek compensation for injuries resulting from such activities.

Intentional Harm

If a passenger intentionally interferes with the driver’s ability to operate the vehicle and causes an accident, they could face legal consequences for their actions, including potential liability for any resulting damages.

It’s important to note that these situations are exceptions, and in the vast majority of car accidents, passengers are not held liable for the accident itself. In fact, passengers are often considered victims in car accidents, and they have the right to seek compensation for their injuries and damages from the at-fault driver’s insurance company.

Make no mistake, the driver in your accident may very well try to pin the accident on you. You may have been unaware of possible illegal activities going on in the vehicle, or have been caught in the middle when the driver decided to rev the engine and race the car next to them. When money is involved, people will absolutely resort to blaming an innocent party. This is why it is so important you call me. I am here to protect your rights as a passenger!

What if At-Fault Driver Does Not Have Insurance?

If you are a passenger in a car accident where the at-fault driver does not have insurance, you may still have options to seek compensation for your injuries and damages. Here are the steps you should consider taking:

Check Your Own Insurance Policy

Review your own auto insurance policy to determine if you have uninsured/underinsured motorist (UM/UIM) coverage. This type of coverage can help protect you in situations where the at-fault driver lacks insurance. UM/UIM coverage can provide compensation for your injuries and damages up to the policy limits.

File a Claim with Your Insurance Company

If you have UM/UIM coverage, call me first, and we’ll contact your own insurance company to report the accident and initiate a claim. Provide them with all the necessary information about the accident, your injuries, and any other relevant details.

Call Me

For more than 40 years, I have been a personal injury lawyer who specializes in car accidents. I will guide you through the claims process, negotiate with your insurance company on your behalf, and I’ll Make Them Pay!®

Explore Other Avenues

In some cases, if the at-fault driver lacks insurance, they may also have limited personal assets to cover your damages. I will help you explore other potential sources of compensation, such as suing the at-fault driver personally.

Consider Mediation or Arbitration

If there are disputes or challenges in obtaining fair compensation through your own insurance company, you may explore alternative dispute resolution methods like mediation or arbitration. We will discuss if it is beneficial to resolve the matter without going to court.

Keep Records and Documentation

I can not emphasize this enough! Throughout the process, maintain thorough records of your medical bills, treatment, and any other expenses related to the accident. This documentation will be essential in establishing the extent of your injuries and damages.

Be Prepared for Possible Litigation

While most insurance claims are resolved without going to court, be prepared for the possibility of litigation if negotiations with your insurance company do not lead to a fair settlement. Working with my team of experts, we will determine what you deserve based on your injuries and medical care. I will not stop fighting for you, just because the insurance company wont pay.

The Insurance Company of the At-Fault Driver Steps In

Generally, when two cars collide, someone is likely to be found at fault for the accident. The at-fault driver’s insurance company is responsible for the other driver’s vehicle repairs and medical bills, if an injury occurred. If an injured victim needs to file a lawsuit in order to receive financial restitution, then that insurance company is the first one contacted. Since just anyone involved cannot sue the insurance company directly, the suit is actually filed against the at-fault driver.

What does this mean for you? Well, if you’re a passenger in a vehicle that is involved in a accident and you are injured, you’ll need to file a lawsuit, with the help of an attorney of course, against the at-fault driver and their insurance company. Otherwise, you may not be properly reimbursed for your injuries.

Your Health Insurance or Car Insurance May Cover Your Bills

Depending on your specific healthcare or car insurance policies, you may be able to have them cover your medical expenses initially. When you arrive at the hospital after an accident, you’ll need to provide your health insurance information to the registrar. The registrar will review the details with you to ensure they have the correct information.  Your own insurance will likely cover your expenses initially and then they will reach out to the at-fault driver’s insurance company for reimbursement. You may not be made aware of this process, but in many instances, it does occur this way.

Another possibility is that your auto insurance policy, even though you weren’t driving or even in your own vehicle, covers your medical expenses. The type of policy you have will determine whether or not this is possible. It’s more likely to take effect if the accident occurred while in your own vehicle, even if you weren’t driving or responsible for the accident.

Additionally, you may find that you’re able to get reimbursed from multiple policies. Your health insurance covers the initial costs, then you receive money from your car insurance or the at-fault driver’s. You have insurance coverage for this very reason, so make sure that you go down every possible avenue in order to recoup your expenses.

You Need To Call Me

It can be tricky to receive reimbursement for your medical expenses if you’re the passenger in an auto accident. Since there are many potential options, it’s best that I help you navigate those waters.

Have you been injured in a motor vehicle accident? Call me today, and I’ll Make Them Pay!®