Passenger car accident injuries are able to be compensated just like an injury that befalls a driver of one of the automobiles. However, because of the special status of a passenger, more often than not more compensation from different parties is available.
Responsible Parties
When a passenger is injured in an automobile accident he has the choice of suing the other party and their insurance company for his injuries, but he also has the option of suing the driver of the vehicle in which he was riding and that driver’s insurance company. This means that a passenger has more parties able to be held responsible for his injuries. As such, all parties potentially liable for his injury should be named in a claim or lawsuit; the court will remove any parties that it finds not responsible and therefore not liable for damages.
When a Passenger Should File a Claim or Lawsuit
A passenger can file his claim or lawsuit for personal injuries at any time his injuries become apparent. Passenger claims are subject to the same statute of limitations as are every other party involved in the accident, which in most states is two years from the date of the accident or from when the injury is or should have been discovered. Claims or lawsuits filed after the passage of this time or not in accordance with these rules may be subject to dismissal.
However, even though immediately filed there is no guarantee that the case will be as swiftly resolved. Many times courts will place a passenger claim on hold while the main dispute that will establish responsibility for the accident is resolved. This could mean that the passenger’s claim sits idle for a year or more. This occurs because the findings in the main litigation will determine who is responsible for the passenger’s liability and the extent of their liability.
Compensable Damages
A passenger can recover the same damages that a driver with personal injuries from the car accident may. This means that a passenger can recover for his medical bills, pain and suffering, lost wages and other damages. Usually, a passenger does not receive compensation for property damage because his property was not damage or, if it was, the damage would be slight and limited to personal effects.
Getting Legal Help
If you were a passenger in an automobile that was involved in an accident, seek legal representation. A lawyer will explain your rights to you and discuss your options to obtain compensation.
