A passenger injured in a car crash usually has a simpler case than the driver, because they do not have to prove liability. As is true with any personal injury claim, in car accident cases, plaintiffs must be able to prove liability and damages. If the accident involved two cars, one driver will be liable; if the accident only involved one vehicle, that person is usually held responsible. In this article, we will discuss accident injury claims for passengers.
An Attorney can Assist Injured Passengers in Filing a Claim
These claims proceed much like any other type of accident injury claim, but the passenger lodges a claim against both drivers (if applicable). The injured party should get each driver’s insurance information, and file claims with both companies. However, if the accident happened in a no-fault state, the passenger would have to file a PIP claim against the responsible driver. After an injured passenger completes medical treatment, the case enters the settlement phase, where they and their Car Accident Attorney negotiate with drivers’ insurers.
When Neither Side can Settle in a Two-Car Injury Case
If a passenger is injured, has a claim and the case goes to court with both drivers found at fault, each driver’s insurer will pay half of the claim. Payment percentages can rise and fall depending on the portion of liability assigned to each driver. In some cases, passengers can be stuck in a dispute between insurers over driver liability. If a passenger wants to get the full value of their claim, they and their Car Accident Attorney in Grand Rapids MI must wait until both drivers’ insurers can come to an agreement.
Injury Claims for Multiple Passengers
Another problem in these injury cases arises when multiple passengers are affected. All injured parties file claims against the at-fault driver, and if the total value of those claims exceeds the coverage limit, the injured must settle for less than their case is worth. If injured passengers cannot agree on the distribution of funds, insurers will refuse to settle. A Car Accident Attorney in Grand Rapids MI can tell you more about your legal rights, they can negotiate with insurers on your behalf, and they can help you get your case ready for court if necessary.
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