Dallas Passenger Accident Lawyer

When a passenger is injured in a car accident, the responsibility for paying the medical bills can fall on a few potential parties:

At-fault Driver’s Insurance

Primarily, if a driver is determined to be at fault for the accident, their liability insurance is expected to cover the passenger’s medical expenses up to the policy’s limit. As a passenger, you would pursue a claim against this insurance company to get compensation for your injuries.

Your Uninsured/Underinsured Motorist Coverage

If the at-fault driver either doesn’t have sufficient insurance or is entirely uninsured, you can turn to your own auto insurance policy, provided you have uninsured or underinsured motorist coverage. This coverage is designed to fill in the gaps when the responsible party’s insurance is inadequate or nonexistent.

Personal Injury Protection (PIP) and Medical Payments (Med Pay)

These are additional coverages that drivers can have on their insurance policies. PIP can cover medical expenses regardless of fault. If the vehicle you were in has PIP or Med Pay coverage, it can be used to cover your medical bills.

If the insurance coverage available isn’t sufficient to cover your injuries and losses as a passenger in a car wreck, you have several options:

Underinsured Motorist Coverage

If your auto insurance policy has underinsured motorist coverage (UIM), you can file a claim with your insurer for additional compensation.

Health Insurance

Your health insurance may cover medical expenses that exceed the at-fault driver’s policy limits. Later on, your health insurer may seek reimbursement from any settlement or judgment you receive through a process called subrogation.

Multiple Policies

If more than one driver is at fault, you can file claims against the insurance policies of all at-fault parties, potentially increasing the total compensation available.

Personal Injury Lawsuit

You can file a personal injury lawsuit against the at-fault driver. A court judgment could help cover your losses if they have significant assets. However, collecting on such a judgment can be challenging if the at-fault party has limited assets.

MedPay

If the policy of the vehicle in which you were a passenger includes Medical Payments coverage, or MedPay, it can provide additional funds for your medical expenses, regardless of who is at fault.

As an injured passenger in a car accident, you have several rights to ensure that you receive appropriate care and compensation for your injuries:

Right to Medical Care

You have the right to receive medical attention for your injuries, even if you’re unsure about their extent initially. It’s always recommended that you see a doctor after a car accident.

Right to Pursue Compensation

As an injured passenger, you can seek compensation from the at-fault driver’s insurance company. If more than one car is involved and liability is split, you can file claims against multiple parties.

Right to Legal Representation

You have the right to hire a lawyer to represent you in personal injury claims or potential lawsuits. A car accident attorney can guide you, ensure that your rights are protected, and help you secure the best possible compensation.

Right to Remain Silent

After an accident, an insurance adjuster from the involved parties might contact you. You are not obligated to give them a statement, and it’s advisable to speak with an experienced passenger injury attorney before doing so.

Right to Fair Treatment

Insurance companies are legally required to handle claims fairly and in good faith. They should investigate promptly, offer reasonable settlements if they’re liable, and not engage in unfair practices.

Right to File a Lawsuit

If negotiations with insurance companies don’t result in a satisfactory settlement, you have the right to file a lawsuit against the at-fault party or parties. However, remember that a statute of limitations limits your time to file a lawsuit.

Right to Privacy

Your medical records, treatment details, and other personal information are private. Except where it’s essential for your car accident claim or lawsuit, this information shouldn’t be shared without your consent.

When a car wreck involves multiple injured passengers, the compensation they receive can be influenced by the insurance policy’s coverage limits. An at-fault driver’s insurance typically has a maximum payout for a single accident.

This means that if the sum of the claims exceeds the policy’s per-accident limit, each passenger’s compensation may be reduced proportionally. The insurance company, or potentially a court if the matter goes to litigation, will distribute the available funds among the passengers, often based on the severity of each person’s injuries.

However, if the at-fault driver’s insurance does not cover all damages, passengers may need to seek compensation through their own underinsured motorist coverage.

Yes, you can seek compensation from your auto insurance policy under specific coverage options if you have them:

Medical Payments (MedPay) Coverage

This optional coverage can be used regardless of who is at fault for the accident. It can cover medical expenses for injuries sustained in the accident up to your policy’s MedPay limits.

Personal Injury Protection (PIP) Coverage:

PIP is similar to MedPay but often includes additional benefits such as coverage for lost wages.

Uninsured/Underinsured Motorist (UM/UIM) Coverage:

If the at-fault driver lacks sufficient insurance to cover your damages or you’re involved in a hit-and-run, your own UM/UIM coverage can compensate you.

It’s important to review your insurance policy to understand what coverages you have and their limits. The personal injury lawyers at Allbee Law Firm can explain the different types of coverage that may be available and help you navigate the claims process.