“What should I do if I am a passenger in a car accident?” This is a question commonly asked of personal injury attorneys. Despite not being the driver and lacking control in the situation, you may have found yourself in the midst of dealing with the consequences of injuries sustained in a car accident. It is not uncommon for passengers to acquire injuries from being involved in a car accident. However, passengers may not be aware of their options for financial compensation after injury to help cover related costs. In reality, there are ample avenues injured passengers can pursue to recover costs related to their injury including medical bills, lost wages, and other damages.
The first and most important step is to seek all necessary medical attention immediately after the incident and continue throughout your recovery as needed. This includes emergency care and recommended initial or follow-up appointments, complementary treatments, imaging or testing, work accommodations, medications, medical devices/equipment, rehabilitative therapies (e.g., occupational, physical, or speech therapies), and more. Your health and recovery should be your primary focus.
Once you are safe and feel ready to file a personal injury claim, it is important to consult with an experienced personal injury team like McCoy & Sparks to be fully informed of all the compensation opportunities available to you. Below are some of the ways you can seek financial support as a passenger injured in a car accident.
Financial Compensation Options for Passengers
Potential sources of compensation typically depend on the specific circumstances of your accident: who was involved, what caused the accident, what insurance benefits you and the drivers carry, and who owns the vehicle. Here are a few of the most common avenues available to passengers who are injured in a car accident.
Seeking No-Fault Coverage – Kentucky state law requires that all drivers carry at least $10,000 of no-fault insurance coverage for medical expenses for the driver and any passengers in the vehicle. This means passengers can file a car accident passenger claim with the insurance provider of the driver of the car in which they were riding.
Filing a Third-Party Insurance Claim – You may also be eligible to file a claim against the driver of your vehicle, the other driver, or both. Even if there are questions about which driver is at fault, you as the passenger are not responsible for the accident. Therefore, you can seek compensation from either or both drivers’ insurance companies, especially if they have opted out of the no-fault coverage.
Exploring Your Own Coverage – If involved in an accident with uninsured drivers, you may be able to file a claim with your insurance under uninsured motorist coverage benefits.
Pursuing a Lawsuit – Filing a lawsuit is still an option for passengers in a car accident. However, because of Kentucky’s no-fault coverage requirement, there are additional requirements that must be met to qualify for filing a lawsuit against the at-fault parties. These requirements include:
- Having more than $1,000 in medical bills related to the accident
- Experiencing a permanent injury or disfigurement
- Experiencing a permanent loss of a bodily function
- Fracturing a weight-bearing bone
- Sustaining a complex fracture (e.g., compound, compressed, or displaced fractures)
Your personal injury attorney can help you determine which options apply to your circumstance and can help to file claims or lawsuits as applicable.
Connect with McCoy & Sparks: Your Passenger-Related Injury Attorneys
Having multiple options for compensation allows injured passengers several opportunities for compensation. But it may feel overwhelming to navigate so many options, especially after having gone through the stress or trauma of a car accident. Seeking the advice of a skilled attorney who is familiar with personal injury and passenger-related claims is crucial to accurately and thoroughly pursuing these options.
If you were involved in a car accident as a passenger, McCoy & Sparks attorneys are your central Kentucky car accident injury experts. Contact us at 844-459-9467 or fill out this online form to schedule your free consultation with our team of attorneys.