What If I Was Injured in a Car Accident as a Passenger?
If you’ve been hurt in a car accident as a passenger, it’s essential to know what steps to take so you can recover your damages. There are two common situations where you get hurt as a passenger: the driver in your vehicle is at fault, or a driver of a different vehicle is at fault. Knowing what to do in either situation is crucial to get the help you need.
Continue reading this guide for more information on what to do as a passenger in a car accident in Colorado Springs:
Hi,
my name is Jake Kimble, and I’m one of the partners at Springs Law Group. I want to talk to you about what to do if you’re a passenger injured in a motor vehicle accident.
So you can have two types of accidents where you’re the passenger, and you’re hurt. The first type would be where the driver in your vehicle was the person who was at fault. And then the second type would be where some other driver on the road was at fault.
For example, you’re driving with your friend, they aren’t paying attention, they run a red light, and you get hurt. Ultimately, you’re going to have to decide whether you want to make a claim against your friend. The second scenario would be that your friend didn’t do anything wrong: they’re driving, you’re riding along, and a different driver runs into you.
So in the first instance, where the driver in your vehicle is at fault, you will make a claim against that driver’s insurance company. If the driver is a close friend or family member, that may make you uncomfortable. We understand how that can be difficult, so you don’t have to file a claim against them. It’s your choice. But if you want to recover compensation for your injuries, then you have to make that claim. If you’re working with Springs Law Group, we will let you only make claims for the driver’s insurance. We won’t go after the driver’s assets, which can save your relationship with them.
The second instance is when someone outside your vehicle hurts you. In that case, it’s just like a typical auto accident, where you will make a claim against the driver’s insurance company. But what varies is that you have a couple of options for underinsured motorist coverage. So underinsured motorist coverage is insurance that will cover your damages if the at-fault driver doesn’t have enough insurance to pay for your losses.
Well, in a case where you’re a passenger, there may be two underinsured policies from which you can get compensation. The first one would be the driver’s policy, which covers the car that you’re in. That’s going to be the primary underinsured motorist policy, and then there’s your policy. If you have an uninsured motorist policy, it follows you even if you’re not in your own car. Then you can make a claim against that as well.
For underinsured motorist policies, both claims do not raise your or your friend’s rates if neither of you was at fault. This is a common concern because insurance is expensive. But if you or the driver you’re making a claim against isn’t at fault, your insurance companies are not allowed to raise your rates for that claim.
So that is what happens if you are injured as a passenger in a car accident. You should file a claim against the at-fault party’s insurance company, even if that person is someone close to you. This ensures that you get the compensation you deserve for your damages. If you have any more questions, contact Springs Law Group today.
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