If you are a passenger in a car and sustain injuries during a car accident, you can file a car accident claim. The insurance company you file your claim with depends on who is responsible for the accident and whether the accident occurred in a fault-based or no-fault state. In any event you are entitled to a full and fair compensation.
Deciding Where to File Your Claim
If you were injured as a passenger, you will file your claim with the insurance company insuring the person who caused the accident if the accident happened in a fault-based state. That means you would file an insurance claim with the insurance company of the driver whose car you were riding in as a passenger or the insurance company of the driver causing the accident or maybe both depending on the circumstances.
Your claim will first be filed with your own insurance company in a no fault state under Personal Injury Protection (PIP) coverage. But if your PIP coverage does not fully compensate you then you can sue for additional compensation for serious injuries.
The person responsible for the accident is ultimately responsible for paying your medical expenses and other losses.
Documenting Your Claim
You are entitled to full and fair compensation for all medical expenses and losses that are incurred as a result of the accident. After an accident, an insurance adjuster will review the accident and assess the physical damage and physical injuries. Chances are the adjuster will try to convince you to settle the claim quickly, but you should not agree to any settlement until you understand the full extent of your injuries.
If you are filing a personal injury claim, you should consult with an attorney before agreeing to anything. Even statements you make can work against you when it’s time to determine a fair settlement.
To obtain full compensation you will need to obtain detailed documentation that supports your loss claims. The documentation may include:
- Medical bills
- Medical records
- Personal journal documenting accident related health problems and lifestyle changes due to injuries
- Proof of lost income
- Tax records
- Time records documenting trips to the doctor or rehabilitation
- Rehabilitation expenses
- Any other document, invoice, report, cancelled check or report that supports your claim
Legal Help Getting
Passengers involved in auto accidents should get legal help if injured. An attorney can negotiate with the insurance companies or file a lawsuit if necessary to insure full compensation is paid.
