In most cases, a passenger doesn’t see an accident coming until a violent jolt leaves them disoriented. Be it a minor bruise or a life-altering injury, they are facing hospital bills that may leave a deep hole in their pocket. Unfortunately, if that passenger happened to be you, who should you hold responsible?
Who is at fault?
In most accident cases, there are two parties involved: the driver of your car and the driver of the other vehicle. The person responsible for the accident can be one of them or both. Picture these scenarios:
- Scenario 1: When your driver is at fault, you can file a claim with the driver’s insurance. Do not hesitate if the driver is your loved one. There is nothing personal about filing an insurance claim.
- Scenario 2: When the other driver is at fault, you can file a third-party claim with their insurance provider.
- Scenario 3: When both of them are at fault, you have the option of filing a case against both the parties to cover all your damages.
Regardless of how fault is determined, you may be able to file a claim with their insurance company to seek coverage.
What compensation can you expect?
Depending on the circumstances, a personal injury claim from an at-fault driver’s insurance company can cover your various losses and damages. It can cover:
- Medical expenses
- Property damage
- Loss of wages
- Long-term disability
- Pain and suffering
Make sure to create a comprehensive list of losses you suffered. The at-fault driver’s insurance company may seek to limit your claims
Should you worry about contributory negligence?
North Carolina is a contributory negligence state. This usually means that even if you were slightly at fault, the insurance company may deny your claim. Though a passenger is rarely at fault in accidents, you should be cautious with your words. Avoid talking or posting about the accident anywhere except with a personal injury attorney. An insurance adjuster can use even casual phrases like, “Maybe I was distracting while on my phone” or “I saw the truck coming but didn’t say anything” against you to deny the claim.
How can a personal injury attorney help you in this situation?
Since multiple parties are involved in a passenger accident case, they often try to pass the blame back and forth. Retaining a personal injury attorney is a good option to cut through those noise and seek appropriate compensation.
