Passengers in who suffered a car accident in Miami often are not sure where to turn to recover for their injuries and expenses. Generally, the at-fault party will be held responsible for a passenger’s medical costs, out of pocket expenses, lost wages and pain and suffering. While fault is sometimes clear from the facts, the police report generated at the scene of the accident may also create a rebuttable presumption of fault, if the officer entered language regarding fault.
Types Of Injuries
As you can imagine, passengers in a car accident face injuries similar to other individuals in the accident. Brain and head injuries can result from impact with an air bag, or as a result of the restraint of a seat belt. Neck and back injuries are of course common as well. The impact of an auto accident causes torque on the bodies of the individuals in the vehicles, and can cause ongoing health issues. All of these injuries should be evaluated and treated by a medical professional in a timely manner so as to preserve the passenger’s ability to recover under an insurance policy.
Insurance Concerns For Passengers In Car Accidents
Because the passenger is rarely at fault for the accident—unless perhaps they were actively engaged in negligent or reckless behavior which interfered with the driver—there is not typically a question of liability to overcome. The personal injury lawyer representing the passenger will place a claim with the at-fault driver’s insurance policy and most of the discussion will center around the damages to the passenger.
In the event the at-fault driver’s insurance company has a low policy limit, or if the at-fault driver does not have insurance, the passenger will typically be able to recover from the insurance policy of the other driver. This is an equitable solution which most states have adopted to protect injured parties in situations where there is not insurance, or there is not enough insurance to adequately compensate for the injuries.
Speak To An Attorney About Your Car Accident
If you were a passenger in a car accident, you know that attempts to deal with insurance companies can get frustrating quickly. We have found that when you’re represented by an attorney, in the end, you will come out better off than if you proceed without a personal injury lawyer. A personal injury lawyer will help you understand the available remedies at your disposal, and will insure that you don’t waive any of your rights against the insurance companies or the drivers, prior to understanding what you’re getting in exchange.
Attorney consultations are free and can be conducted by telephone or in person. Reach out to a personal injury lawyer today to better understand your options. Giving advice is just part of our job.
This blog article was written by Christopher D. Layton, a Charlotte, NC personal injury lawyer who routinely assists passengers in understanding their rights after a car accident.