If you were injured in a car accident as a passenger, you might be confused about your legal rights. Who do you file an insurance claim against? Do you have the right to compensation? How will your case differ from filing a claim if you were an injured driver?
Personal injury claims involving passenger injuries are often complex. Fortunately, a skilled personal injury attorney can help. Cousin Benny Personal Injury leverages decades of legal experience and a track record of success in obtaining millions of dollars in compensation for personal injury victims.
Pennsylvania’s Car Insurance System
Pennsylvania operates under an at-fault insurance system. Under this system, the party found at fault for an accident is responsible for paying for the damages that they cause. The two major classifications of auto insurance in Pennsylvania are:
Limited Tort Insurance
With limited tort insurance, the insured and their household members can file a claim against the at-fault driver for the full value of their medical expenses, lost income, and other out-of-pocket expenses, but they cannot seek compensation for their pain and suffering or other non-economic damages unless they suffer a serious injury or an exception to the law applies. A serious injury is one that results in any of the following:
- Death
- Serious impairment of a bodily function
- Permanent serious disfigurement
People elect to have limited tort insurance because the premiums are less expensive than for the other option. Under Pennsylvania law, you must sign a form indicating that you are selecting limited tort for this type of insurance to apply. Otherwise, full tort insurance will apply.
Full Tort Insurance
Under full tort insurance, the insured maintains an unrestricted right to seek financial compensation for the full value of their economic and non-economic damages. The insured and other household members covered by the policy can seek compensation for their medical expenses, out-of-pocket expenses, pain and suffering, and other damages.
Who Do You Make a Claim Against?
If you were injured as a passenger, you may have the legal right to file multiple claims, including against the following parties:
- The driver of the vehicle you were a passenger in: If the driver of the vehicle that you were a passenger in was speeding, distracted driving, or broke traffic laws, they may be responsible for the accident. You could file a claim with their liability insurance.
- The driver of the other vehicle: The other driver may have been impaired by drugs or alcohol, failed to yield the right of way, or made another mistake that caused the crash.
- Your own insurance provider: You could have your own insurance that you can turn to for help, including first-party medical benefits coverage that could help cover your medical expenses.
Depending on the circumstances, you could have other viable claims against other responsible parties, such as vehicle manufacturers, employers, or government agencies whose actions or inactions contributed to the accident.
Common Types of Passenger Injury Claims
Some types of car accidents are more likely to result in passenger injuries, including:
- Single-vehicle accidents: Single-vehicle collisions occur when a driver crashes into a fixed object or is otherwise involved in an accident that does not involve a second vehicle. The driver could lose control of the vehicle due to speeding, impaired driving, or hazardous weather conditions.
- Multi-vehicle collisions: Conversely, passengers could be injured in pileup accidents when one vehicle crashes into another in succession.
- T-bone accidents: T-bone or side-impact collisions occur when a vehicle hits the side of another vehicle. These crashes can often result in severe injuries due to the lack of protection on the sides of vehicles.
- Rear-end accidents: Passengers can be injured in rear-end crashes while they are stopped or moving slowly in a vehicle due to driver distraction or following too closely. These accidents may cause whiplash, a neck injury that occurs when the neck snaps suddenly back and forth, other soft tissue injuries, or broken bones.
- Head-on collisions: Head-on collisions often occur due to speeding, unsafe passing, or drunk driving. These motor vehicle accidents tend to occur at high speeds, so they often result in severe injuries to victims.
If you were injured in any of these accidents, reach out to an experienced car accident lawyer for legal assistance.
Types of Insurance Coverage for Passenger Injury Claims
Various types of insurance coverage could apply to passenger injury claims, including:
- Medical benefits: Pennsylvania requires all drivers to maintain a minimum of $5,000 in first-party, no-fault medical benefits. This coverage pays for medical bills for those covered under the policy.
- Bodily injury liability: The at-fault driver’s liability insurance provider pays for your medical and rehabilitation expenses caused by the insured’s negligence up to policy limits.
- Property damage liability: This portion of the insurance pays for the damage to personal property, primarily the damaged vehicle but also other personal property damaged in the vehicle, such as a passenger’s cell phone, up to policy limits.
- Umbrella policies: Some people carry additional insurance beyond their traditional liability insurance to protect their personal assets, which may help cover costs associated with an accident.
An experienced lawyer can investigate your case, identify all applicable insurance policies, and review them. This allows them to determine all available legal pathways for recovery.
What Damages Can I Recover Compensation for as an Injured Passenger?
If you were injured as a passenger, you may be entitled to compensation for the various accident-related injuries and losses that you suffered due to the at-fault driver’s negligence. This could include financial compensation for the following:
- Medical expenses: Medical costs associated with an auto accident can be significant. You can seek compensation to pay for emergency room visits, hospital stays, surgeries, physical therapy, rehabilitation expenses, medications, and future medical expenses.
- Lost income: If your injuries kept you out of work, you can pursue compensation for your lost income that you experienced due to the accident while you were recovering and seeking medical assistance. You can also pursue compensation for your reduced earning capacity if you are unable to return to work in the same manner as you did before the accident.
- Property damage: You can seek compensation for your damaged phone, laptop, and other personal property damaged in the crash.
- Out-of-pocket expenses: You could experience various expenses due to the accident, for which you could seek compensation, such as transportation to medical appointments, hired assistance to help perform tasks that you can no longer complete, or home modifications for disabilities.
- Non-economic damages: If you have full tort insurance, have suffered a serious injury, or an exception applies under the law, you can pursue compensation for your non-economic damages. This includes physical pain and suffering, emotional distress, mental anguish, trauma, and loss of enjoyment of life.
Our experienced personal injury attorneys can carefully evaluate your claim to determine all the damages that you can seek.
Legal Complications That Can Arise in Passenger Injury Claims
Various complications can arise due to passenger injuries in car crashes, including:
- Multiple liable parties: Multiple parties could bear fault for the accident. This could cause the drivers to deny their own responsibility and blame others.
- Multiple insurance companies: When multiple insurance companies are involved, the car accident claim process can be more complicated. They may argue that their insured was not at fault for the accident, making it difficult to recover compensation.
- Disputes over injury severity: Insurance companies might try to argue that your injuries are not as severe as you claim.
- Insufficient insurance coverage: If the driver and other passengers were harmed in the accident, there might not be adequate coverage to pay for everyone’s damages.
These potential complications underscore the need to work with an experienced attorney.
What Should I Do If I Am Injured as a Passenger in a Car Accident?
Knowing the steps to take after an accident can protect your health, legal rights, and any insurance claim you file. If possible, take these steps immediately after the accident and in the days and weeks following it:
Report the Accident
If the driver of the vehicle you were a passenger in or the other driver does not report the accident, you should do so. Check yourself and others in the vehicle for injuries, and call 911 and request an ambulance if anyone is injured. When a law enforcement officer responds to the scene, ask for their name and badge number, as well as how to get a copy of the accident report they prepare.
Seek Immediate Medical Attention
Do not minimize your injuries or try to convince yourself that you are fine after an accident if you start to experience symptoms. Instead, seek a prompt medical evaluation. Not all injuries are immediately apparent. A prompt evaluation can help diagnose your injuries and create an official record to connect them to the accident.
Request Information
Ask all involved drivers for the following information:
- Their full name, address, and phone number
- Their insurance information
- Their driver’s license number
- A description of their vehicle, including the make, model, year, and license plate number
If any other passengers or witnesses were present, ask for their contact information, too.
Document the Scene
Car accident scenes are quickly cleaned up so they don’t impede traffic or cause damage to other vehicles on the roadway. Therefore, it’s crucial that you try to record valuable information at the accident scene before it disappears. If possible, use your cell phone to record or photograph the following information:
- The accident scene
- The damage to all vehicles involved in the accident
- Any debris on the roadway
- Nearby traffic signs and signals
- Road and weather conditions
- Your injuries
Contact All Relevant Insurance Companies
Report the accident to each insurance company involved in the case, which might include your own, the driver of the vehicle you were a passenger in, and the other driver’s insurance company. You only need to provide basic information about the accident to begin the insurance claims process. Your car accident lawyer can take it from there. If the insurance company asks for a recorded statement, you can politely decline the request and refer them to your car accident attorney.
Keep Detailed Records
Keep a comprehensive file that stores all information and documents related to the accident, including:
- A copy of the accident report
- Medical records
- Medical bills
- Lost wage statements and pay stubs
- A pain journal
The Statute of Limitations in Pennsylvania
Car accident victims have a limited amount of time to file a personal injury lawsuit after a crash. The statute of limitations generally limits such legal actions to two years from the date of the car crash.
There are exceptions to this time limit, such as if the injury victim is a minor or if the at-fault driver leaves the state. However, you should not rely on these exceptions unless you speak to a knowledgeable personal injury lawyer who assures you of the applicable time limit to file your claim. Contacting a lawyer right away after an accident can also help ensure that your lawyer has time and the opportunity to preserve evidence before it is lost or destroyed, interview witnesses while their memories are fresh, and negotiate for fair compensation on your behalf.
Contact Our Passenger Injury Lawyers for a Free Consultation
If you were injured as a passenger in a car accident in Philadelphia, Pennsylvania, you deserve to be fairly compensated for what you have gone through. Car accidents can significantly impact a person’s health, finances, and quality of life. The dedicated legal team at Cousin Benny Personal Injury is here to fight to make things right.
We are backed by decades of legal experience and a proven track record of success. If you hire us, we can handle all aspects of your claim, including investigating the accident, gathering evidence, and negotiating for full and fair compensation. Contact us today to arrange a free and confidential consultation.