Passenger Car Accident Claims
Car accidents can be traumatic experiences for everyone involved, including passengers. As a passenger, you may be unsure about your rights and the steps you should take after an accident. Baumgartner Law Firm provides detailed information on what happens if you are a passenger in a Houston car accident, and making a passenger car accident claim.
Immediate Steps to Take After the Accident
Ensure Safety and Seek Medical Attention
- Your immediate priority should be to ensure your safety and that of others. Check yourself for injuries and call 911 if anyone needs medical assistance.
- Even if you feel fine, it is vital to seek medical attention as some injuries may not be immediately apparent.
Report the Accident
- Notify the police about the accident. A police report will be a crucial piece of documentation for any insurance claims or legal proceedings.
- Provide accurate information to the responding officers, but avoid speculating about the cause of the accident.
Collect Information
- Gather information from all parties involved in the accident, including drivers, other passengers, and witnesses. Obtain names, contact details, insurance information, and vehicle details.
- Take photographs of the accident scene, vehicle damage, and any visible injuries. This evidence can be invaluable for your claim.
Passenger Rights
- As a passenger, you can seek compensation for your injuries and damages. Damages include medical expenses, lost wages, pain and suffering, and more. Making a passenger claim after a car accident is your right.
- You can file a claim against the insurance policy of the driver at fault, which could be the driver of the vehicle you were in or another driver involved in the accident. Or even a passenger claim against both drivers if they may share fault.
Understanding Passenger Car Accident Claims
How Passenger Cases Are Different from Drivers’ Claims
Passenger claims are different from those of the driver of the vehicle. Most insurance companies will contest liability if there is any basis for doing so. Fortunately, it is very difficult for an insurance company to blame a passenger for causing an accident.
Because Texas is an at-fault state, contributory negligence reduces the damages an insurance company must pay on a claim. Passengers largely avoid this attempt to reduce their damages because it is hard to blame a passenger for causing an accident.
The very few areas where a passenger still may be blamed include not wearing a seat belt and knowingly riding with a driver who is intoxicated or has been drinking.
Insurance Coverage For Passenger Claims
Personal Injury Protection (PIP)
If you are in Texas, PIP coverage from the driver’s insurance may cover your medical expenses and lost wages, regardless of who caused the accident.
Medical Payments Coverage (Med Pay)
Med Pay optional coverage may pay for your medical bills, irrespective of fault.
Liability Insurance
If the other driver is at fault, their auto liability insurance should cover your injuries and damages. You may need to file a claim against their policy.
Uninsured/Underinsured Motorist Coverage (UM / UIM)
If the at-fault driver lacks adequate insurance, this coverage from the driver’s policy you were riding with may help cover your expenses. Also, in Texas, if you have Underinsured Motorist Coverage under your auto policy, you may be able to stack the UIM coverage.
Filing a Claim and Seeking Compensation
Notify the Insurance Company
- Inform the insurance company of the driver you were with about the accident as soon as possible. Provide them with all necessary details and documentation.
- Cooperate with the insurance company’s investigation, but be cautious about giving recorded statements without legal advice.
Medical Documentation
- Keep detailed records of all medical treatments, prescriptions, and rehabilitation sessions related to your injuries. Ensure that you follow your healthcare provider’s instructions precisely. Provide the medical records to the insurance adjuster.
Calculating Damages
- Medical Expenses: Include all current and future medical costs related to the accident.
- Lost Wages: Document any income lost due to your inability to work, including future earnings if your injuries impact your long-term employment.
- Pain and Suffering: This non-economic damage compensates for physical pain and emotional distress resulting from the accident.
Legal Considerations and Hiring an Attorney
- Statute of Limitations – Be aware of the statute of limitations for personal injury claims in your state. You must file a lawsuit to protect your rights within this time limit.
- Hiring an Attorney – Consider hiring a Houston personal injury attorney who specializes in car accidents. An experienced lawyer can help you make an insurance claim and ensure you receive fair compensation. Your attorney can negotiate with insurance adjusters and, if necessary, represent you in court.
Preventive Measures and Safety Tips for Passengers
- Always Wear a Seatbelt – Ensure you are wearing a seatbelt at all times. Seatbelts significantly reduce the risk of severe injury in an accident.
- Be Aware of Your Surroundings – Stay alert and avoid distractions. While you may not be driving, knowing the road and traffic conditions can help you react appropriately in an emergency.
- Choose Safe Rides – Ride with drivers who follow traffic laws and prioritize safety. Avoid getting into a vehicle with someone who is under the influence of alcohol or drugs.
Contact an Experienced Passenger Claims Lawyer for Help
Being a passenger in a car accident can be a disorienting and distressing experience. However, understanding your rights and the steps to take can help you navigate this challenging situation more effectively. By seeking immediate medical attention, documenting the accident, and knowing how to file a claim, you can ensure that you receive the compensation you deserve.
Hiring a Houston car accident attorney can also protect your interests and provide peace of mind during the recovery process. Stay informed, stay safe, and take proactive steps to safeguard your well-being as a passenger on the road.
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About Our Law Firm in Houston
Houston personal injury lawyer Greg Baumgartner heads the Baumgartner Law Firm.
Our firm was established in 1985 and has helped thousands of injury victims get maximum compensation for their cases. If you have been injured in an accident in Houston, TX, contact us for a free, no-obligation consultation. (281) 587-1111.
Since 1985, Baumgartner Law Firm has limited our law practice to serious personal injury cases. Our legal team has won maximum compensation for thousands of accident victims and recovered millions of dollars for real people like you.
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