Boston Car Wreck Lawyer Q&A: Can I File a Claim as a Passenger of the Vehicle That Was at Fault?

September 1, 2020

If you were injured in a car accident as a passenger, you might be wondering what type of claim you are eligible to file. With expensive medical bills piling up and not being able to work, you are most likely searching for compensation to help you with your recovery, but you are unsure how to file your claim. A Boston car wreck lawyer can provide legal guidance, so you know what your options are.

When you are a passenger in a car, you depend on the driver to get you to your final destination safe and sound. However, accidents do occur. Whenever you are in a car accident after a mistake has been made, you might have serious and costly injuries that you have to deal with. As a passenger of a vehicle, there are several paths available to you to obtain compensation, depending on your individual situation. The following are a few things you should consider if you are looking to file a personal injury claim.

Q: Can a Claim Be Filed With the Driver’s Insurance?

A: Whenever you get inside a car with a driver, your safety becomes the driver’s responsibility. If the driver ends up making a mistake that results in an accident and you get injured, then the driver will be responsible for using their insurance to pay for your expenses.

The driver’s insurance policy should have coverage for injured passengers. You will be able to file a claim against the driver who was transporting you and obtain the compensation that you will need for your lost wages and medical expenses. Unfortunately, this section of an insurance policy is often low. If you were seriously injured, it might not be sufficient to cover all of your medical costs.

Q: Can I File a Claim Against the Other Driver?

A: If the driver of the car that you were in was totally at fault for the accident, then you might not be able to file a claim against another driver’s insurance. However, if the two drivers share the fault for your accident, then you will be able to file a claim against their insurance.

In order to obtain money from the other driver’s insurance policy, you might have to prove they were at fault for the accident. It will require witness testimony, evidence, and more. An experienced Boston car wreck lawyer can assist you in gathering the necessary information and building a strong case.

Q: Can a Drive Be Sued for Additional Coverage?

A: If you were seriously injured in the accident, you might want to sue the at-fault driver for additional money. Although this process can be challenging and lengthy, it is often very rewarding – particularly if you need long-term treatment or care for your injuries.

Whether you will be able to file a claim is going to depend on what your relationship is to the driver. If they are an immediate family member of yours, then you might be considered an insured person on their insurance policy. In that case, you would be unable to sue for extra money. If the driver is an extended family member, co-worker, or friend, you will have the right to file a claim for additional money. If you decide to take that route, you will want to get help from a personal injury lawyer.

Q: Is a Passenger Ever Considered to Be At-Fault for an Accident?

A: Typically, a passenger is not responsible for an accident, which means you can obtain full compensation no matter who is found to be at fault for an accident. However, there are a couple of situations where the driver’s insurance company might decide to deny your claim.

If you get into a car with a driver who you know is under the influence, then you might not be able to obtain compensation for the injuries you have suffered. Although you will not be considered at-fault for your accident, you will be held responsible for deciding to get into a vehicle with a driver while knowing they were not capable of driving safely.

Call a Boston Car Wreck Lawyer Today

If you were injured as a passenger in any type of car accident, it’s a good idea to speak with an attorney. The legal professionals at Michael Kelly can help you obtain the compensation that you need to pay for your damages, lost wages, medical bills, and more.

As a passenger, you need to know what your rights are in obtaining compensation from an at-fault driver. Since your individual situation will determine who you can obtain compensation from and the amount of compensation you can get, you should be sure to speak with a lawyer about your unique situation. Call our Boston personal injury law firm today.

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Michael D. Kelly has a diverse background that provides a breadth of legal knowledge that he draws upon in serving his clients. Kelly compiled an excellent academic record during his three years at New England Law in Boston.