In 2013, there were 30,057 fatal motor vehicle crashes in the United States in which the number of deaths was 32,719. The cost of road crashed throughout the nation is $230.6 billion per year, which is an average of $820 per person. According to reports, for traffic fatalities in the first nine months of 2015, an estimated 26,000 people died in motor vehicle crashes. When a person is injured as a passenger in a vehicle involved in a car accident, they may be entitled to monetary compensation for the damages that they sustained. A number of factors play a role in the ability to recover and the amount that can be recovered.
Proof of Liability
If the plaintiff files a lawsuit against the driver or seeks to recover an auto insurance claim, they must be able to prove that the driver was liable. One or both drivers involved in the accident are liable. If there was only one vehicle involved in the accident, the driver’s insurance policy will have the claim. This is a more straightforward type of case, as in most cases, the driver has done something wrong or did not do something, which resulted in the accident. If two drivers are involved, the insurance claim is filed against the liable driver. In some cases, the claim is filed against both insurance companies until determining the party at fault.
Damages
The passenger may be entitled to the damages as a direct result of the car accident. Damages may include medical costs, repair of damaged property, and lost wages. It is the responsibility of the plaintiff to provide evidence of the damages that they suffered.
Filing a Claim
Passenger injury claim works in a similar manner as claims that are filed by the non-negligent driver. The passenger needs to get all necessary information from both drivers. They will need to file a claim against both party insurance providers. Depending on the circumstances, the passenger can file a single or multiple claims. For example, based on the circumstances, if one of the drivers was clearly not negligent, such as being rear ended or in a legally-parked vehicle, a claim may be filed against the other driver. If the accident occurred in a no-fault state, the process for filing the claim may be different. There is no need to show negligence in these claims in order for the medical part of the claim to be provided.
Issues of Settlement
Attempting to settle the claim is the next part of the process. If the accident involved two vehicles, neither party may want to settle because each of them claims that the other was negligent. If there were multiple passengers who were in the vehicle and sustained damages, there may be another issue to consider. There is a maximum amount of compensation for all injury claims in insurance policies. If multiple passengers suffer serious injuries and each wants to recover the full amount of damages, individual lawsuits against the negligent driver may be required.
Comparative Fault
In some cases, insurance companies may try to show that the victim’s own negligence contributed to the accident to mitigate their potential liability. When drivers are the only parties involved, this may be accomplished by showing that the victim was speeding, disobeying traffic laws, or completing activities that are distracting. When passengers are involved, insurance companies will say that the passenger was interfering with the driver’s operation of the vehicle. In states where the comparative fault system is used, the damages received by the passenger would be reduced by the amount that they were responsible for the accident. For example, if there was a 10 percent contribution to the accident and the passenger suffered damages of $10,000, their claim would be reduced by $1,000 and the maximum recovery would come down to $9,000. If you or a loved one is suffering injuries as a result of being a passenger in a vehicle involved in a car accident, you should seek the legal assistance of a reliable personal injury law firm in New York like the Rosenberg, Minc, Falkoff, & Wolff of RMFW Law at 212-344-1000. We know how to win cases. We take every client serious at RMFW Law. We know how to win cases and what takes to win. Give us a call. Let’s hear what you have to say.
