Getting compensation after a car accident can be easier for an injured passenger as compared to an injured driver since liability is not an issue for them. When a passenger becomes injured in a car accident, proving liability is not a problem since either drivers of the vehicle will be held liable. Just as with any other personal injury claim, compensation can be awarded if the plaintiff can prove the liability of the defendant and the damages done by the accident, such as injuries or property loss.
From the website of the Mokaram Law Firm, I learned that a passenger who wishes to file a personal injury claim can follow the same process as with any car accident claims, but they defendants can be both drivers if both caused the accident (or just one if it was a single car accident). The injured passenger should have the insurance information of both drivers, and they should also be the one who must file the claims to both the drivers’ insurance company. There are exceptions, however, such as in cases where one driver is not obviously negligent.
Since different states follow their own laws regarding car accidents and compensation, it may be important to seek help from a lawyer that specializes in personal injury claims in your state to ensure that your claims will be properly filed. For example, if you are in the state of California and have become an injured passenger after a car accident, you can file a claim against the drivers involved in the accident. There are other states that follow the “no-fault” law, therefore these things should be discussed with your Houston personal injury lawyer to establish the claim.
Like any personal injury claim, it is essential that the passenger should first seek immediate medical treatment for their injuries. This not only ensure that their health are attended, but it will be used as evidence and basis for the settlement. Whether the fault is from both drivers or just one, the lawyer will be the one who will negotiate with them and although oftentimes many claims get settled before court, there are still a possibility that a claim can become difficult to settle.