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A lawyer can tell you how to file a car accident claim as a passenger, as you may have several options for seeking the compensation you deserve. Your own auto insurer, the insurer for the owner of the vehicle you were riding in, or the insurer of a third-party motorist who hit your vehicle may be responsible for your accident-related losses.
Determining how to file an insurance claim as a passenger can be confusing. Obtaining a fair settlement from one or more insurers may be even more difficult. You can allow a car accident attorney to oversee these objectives while you remain focused on recovery.
What to Do After Being Injured as a Passenger in a Car Accident
You must act intentionally after injuries from a car accident. Every move you make (or don’t make) can affect you financially. To protect your health and your case for compensation, you should:
Be Stingy with Your Words
It is always wise to say less rather than more after a car accident. Specifically, be cautious when making statements to law enforcement officers and insurance companies. Refrain from:
- Apologizing for the accident (this may imply you were at fault for the collision)
- Making any statements that indicate you may have contributed to the accident
- Stating that you did not suffer injuries in the accident (many injuries, like whiplash, may produce symptoms well after the accident)
You may refuse to make any recorded statements before you’ve hired a car accident attorney. Your statements can work against your case, so it is best to have a lawyer’s protection and avoid any potential errors.
Get the Medical Care You Need
Car accidents often cause passengers to suffer both physical injuries and psychological conditions like post-traumatic stress disorder (PTSD). You should receive treatment for any accident-related symptoms you have experienced, whether that means seeing your doctor, getting emergency care, seeing a mental health professional, or taking all of these steps.
When you get prompt medical and psychological treatment after an accident, you:
- Protect yourself physically and mentally from untreated or undiagnosed injuries and conditions
- Establish the direct connection between the car accident and your health conditions
- Preemptively prevent liable parties from claiming your medical conditions are exaggerated or are not accident-related
If you have any questions about the types of treatment you should seek, a lawyer can advise you.
Hire a Car Accident Lawyer as Soon as Possible
You must think about your financial recovery as an injured passenger. Hiring a lawyer ensures that you are giving due attention to your personal injury case, as a lawyer will:
- Advise you to prevent any errors that can undermine your case
- Deal with insurance companies so you don’t have to
- Immediately begin the accident investigation (including collection of evidence)
- Work to complete your case as soon as possible
The sooner you have a lawyer on your side, the sooner you can free yourself of case-related concerns. Your attorney will take the process off your hands, hopefully providing peace of mind.
Follow Your Lawyer’s and Doctor’s Advice
Once you have found a trustworthy doctor and lawyer, simply follow their advice. When it comes to your case and your recovery, these authorities will steer you straight.
Each party will work to ensure your physical, psychological, and financial recovery. If you stick to their advice, you may preserve your case’s chances of success and recovery as quickly as possible.
Steps in Filing a Car Accident Claim as a Passenger
Your attorney will oversee your case in its entirety. This includes the claims process, which usually involves:
- Communicating with insurers: Allow your lawyer to protect you from any bad-faith tactics and lowball settlement offers. They will deal with insurance representatives so you can focus on recovery.
- Ensuring the claim is filed and recognized: Your attorney will confirm that the insurance company has received an error-free, actionable claim related to your car accident.
- Providing information about your injuries and related losses: Your legal team will provide complete, detailed information about your accident-related losses (including injuries) to insurance companies.
- Determining how much compensation you deserve: Attorneys calculate the financial cost of medical services, professional losses, vehicle damage, and other damages that may have resulted from your accident.
- Negotiating with insurers: Injured passengers can rest and recover knowing an experienced lawyer is negotiating a settlement for them. Insurance companies can be intimidating negotiating adversaries, so having your own seasoned attorney negotiate your settlement may be a great benefit.
Insurance claims are key priorities for car accident lawyers. Rely on your lawyer’s experience and knowledge of the claims process.
How Car Accident Lawyers Serve Injured Passengers
Your attorney will build your case in an urgent, systematic manner. Their process will likely include:
- Securing witness accounts, video footage, and any other accident-related evidence that supports your case
- Obtaining medical records, invoices, employment records, and any other documentation of your damages
- Calculating an exact settlement target in advance of settlement negotiations
- Negotiating a settlement with liable insurers
- Filing any necessary lawsuit
- Completing any necessary trial
Your lawyer will oversee case strategy, communications, and every other responsibility your injury claim or lawsuit entails. If you must make statements or case-related decisions, your lawyer will walk you through these processes.
What Damages Can I Seek as an Injured Passenger?
Injured passengers often experience similar damages, which include:
- Medical costs
- Rehabilitation costs
- Lost income
- Diminished earning capacity
- Pain and suffering
- The cost of mental health services
Sometimes, injuries to passengers are fatal. If you lose a loved one because of injuries related to a car accident, you may pursue a wrongful death case. This case may require compensation for the following:
- Funeral costs
- Loss of consortium
- Lost financial support
- Loss of the decedent’s contributions to their household
- Pain and suffering (which may affect both the decedent and survivors)
Your car accident lawyer will demand total compensation for your damages.
Hire Your Car Accident Lawyer as Soon as Possible
Your attorney may face a dwindling timeline for filing your case. Find your legal team of personal injury lawyers and hire them as soon as possible.
