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PASSENGER INJURY

When you ride as a passenger in a car, you are literally putting your life in the hands of the person controlling the steering wheel. As such, you are just as much at risk of injury as the driver in the event of an auto accident. Also, just like the driver, you are entitled to make an insurance claim and to gain recovery for any injuries suffered in a car accident, truck accident or motorcycle accident in which you are a passenger.

In fact, a passenger has greater odds of recovering more damages for their injuries because there are more parties that can be held accountable. Since the driver is responsible for a passenger’s safety, they can be held just as liable for that passenger’s injuries as they would for another motorist or pedestrian if they are at fault. Similarly, if you are injured as a passenger in an auto accident and the driver of the other vehicle is at fault, their insurance is required to cover you as well as your driver and any other passengers who have sustained injury.

Insurance companies bristle at the thought of paying additional money for passengers injured in an auto accident, so you can bet they’ll try anything to get out of paying an injured passenger a decent amount for their claim. If you want to make sure you receive full value on your claim, you need to get in contact with a qualified auto accident and passenger injury attorney before you speak to an insurance adjuster. Adjusters can be tricky when speaking to your about your accident, and they can severely limit your claim recovery if you say the wrong thing or you don’t know all your rights as an injured passenger.

If you want a greater chance at getting maximum compensation on your claim, please fill out the free consultation form or call 912-236-6767 to speak to an auto accident injury attorney about how to proceed with your case.

 

Types of Insurance for Injured Passengers

Injured passengers can collect for their injuries whether the accident involves one vehicle or multiple vehicles. In either case, the at-fault driver’s insurance policy is liable for the passenger’s injuries. Your insurance policy also affects how your claims are resolved.

Here are a few standard choices that will have an affect on your passenger injury claim.

Bodily Injury Liability:

This option covers the injuries and medical expenses of the person who is not at-fault in an accident (up to the covered amount) and is mandatory in Georgia. Liability insurance also works for you if you are a passenger and the driver whom you are riding with causes an accident that injures you. If you are riding with the at-fault driver, his/her liability insurance should cover you just like if it were another vehicle which caused an accident with your vehicle.

Uninsured Motorist Coverage (UM):

This option is essential to have on your car insurance policy. With UM coverage, in the event of an auto accident where the at-fault driver does not have car insurance, this option allows your own car insurance policy to act in place of the at-fault driver’s to pay out to you for your injuries.

Underinsured Motorist Coverage (UIM):

If you choose this option, it can help you attain the full amount of recovery needed to cover your injuries in the event of an auto accident with passenger injury. Otherwise, you may be left with inadequate funds for medical expenses and loss of wages. If you are injured in an auto accident with an underinsured motorist as the at-fault driver and you have an UIM policy option, your insurance company will cover the difference in the recovery and the amount needed for your injuries, but only up to the amount your policy insures you for.

 

Making an Insurance Claim

If you are reluctant to make a claim using your own UM or UIM insurance policies, keep in mind that insurance companies cannot raise your premium if you are in no way at fault for the accident. It is extremely rare for a passenger in any auto accident to be at-fault since they have no control over the car under normal circumstances, so the chance of there being a premium increase in a passenger injury accident is slim. Still, it is a good idea to consult with an attorney in a passenger injury case because the insurance company will still try to keep from paying you full recovery if it can help it.

It’s also important to remember that if you are involved in an auto accident and the at-fault driver is a family member, you can and should still file a claim to get full compensation for your medical expenses. Keep in mind you aren’t filing a claim against the family member personally. The family member’s insurance company will be the one taxed with paying out for the expenses of the injured, although it is possible their premium may increase.

If you have no car insurance and you were injured as a passenger in an auto accident, you are considered an insured of the policy of the car in which you were riding. It’s likely you’ll be able to collect under that policy.

The Statute of Limitations for car accidents in Georgia is two years under most circumstances. However, the longer you wait to file a claim, the higher the chance that a mistake can occur that will significantly lower your recovery potential. If you’ve been injured in an auto accident, whether you were the driver or passenger in the vehicle, contact the Casino Law Group for a free consultation to discuss your claim.

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