How Passenger Injury Claims Work When a Friend or Family Member Caused the Accident

After a car accident, there are always concerns for the people involved: car repairs, medical bills, transportation problems, loss of income, and the general stress that is associated with having your life turned upside down. However, when you are a passenger who, through no fault of your own, is injured in a car accident, the stresses and difficulties are unique. Understanding your rights as a vehicle passenger is essential to knowing where to go from here. Montgomery County car accident attorney Anthony C. Gagliano, III, Esquire, P.C., is available to help.

Figuring Out Who Is at Fault for Your Injuries as a Vehicle Passenger

Determining liability for a car accident is not always easy. The specific circumstances of your accident will determine who is at fault for your injuries. 

Pennsylvania is a no-fault state for liability. This means that, if two vehicles are involved in an accident, you, as the passenger, should look to your vehicle’s driver for coverage. This is true no matter who is at fault for the accident or what kind of insurance coverage is available. No-fault insurance typically covers damages like lost wages or car repairs. However, your injuries and medical bills are usually not compensated under no-fault insurance. 

What Happens if You Believe That the Other Driver Is at Fault for Your Injuries?

When there are two cars in an accident, there is a series of steps you must follow when considering a lawsuit. Pennsylvania allows drivers to carry either full tort or limited tort car insurance. Either of these types of insurance is relevant when you believe that the other vehicle’s driver is the at-fault party for any harm you endured. 

Limited tort insurance covers severe injuries and extreme circumstances involving death or disfigurement. In many situations, an insurance company will deny a claim filed unless it involves a catastrophic loss. Even if you suffered a major injury or significant mental trauma, it is up to the insurance carrier to determine whether the loss is severe enough to merit coverage. 

What Happens When You Believe That the Driver of Your Vehicle Is at Fault for Your Injuries?

It is another situation entirely when you believe that the driver of your vehicle caused the accident when you suffered injuries. In that case, it may be necessary to handle the matter directly with your family member or friend. For instance, some car insurance policies will contain language that covers family members who are injured in an accident. 

Before considering issues like liability or attempting to file a claim, however, it is best to seek medical attention. Without the proper medical attention, your potential claim is much weaker. Overall, your health matters more than any insurance claim. Putting it first allows you to gain a certain peace of mind in terms of understanding what your next course of action should be. 

After you have sought appropriate medical care, you can turn your gaze toward an insurance claim. Filing a claim against a friend or family member’s insurance company may be awkward. Even asking for that information from a person you have a relationship with will take some courage. However, being able to can help you and the driver put this ordeal behind you. 

When Should a Lawsuit Be Considered After a Car Accident?

Filing a lawsuit should not be at the top of your priority list immediately after being injured in an auto accident. Receiving medical care for your injuries and then considering an insurance claim should be the steps you take before filing a lawsuit. 

Only after being unsuccessful in attempting to settle your claim should a lawsuit be considered. An experienced Montgomery County car accident attorney can help you maximize your opportunities to settle your case before a lawsuit must be filed. 

What Issues Should You Be Aware of as You Consider Filing a Lawsuit?

After sustaining an injury as a passenger, there are requirements you must be aware of as you contemplate filing a lawsuit. 

First, there is a limited amount of time that you have to file the lawsuit. This deadline, known in the legal world as the statute of limitations, provides a time constraint to potential lawsuit filers. The failure to file a lawsuit before the statute of limitations expires places you at risk of being ineligible to do so. In Pennsylvania, the statute of limitations for a personal injury lawsuit is two years from the date on which the car accident occurred. 

When you are injured as a passenger, it is likely that either your driver or the driver of the other vehicle are at fault. Because Pennsylvania is a modified comparative negligence state, both drivers may wind up compensating you. 

Need Help After Being Injured in a Car Accident? Contact Anthony C. Gagliano, III, Esquire, P.C.

After being injured in a car accident as a passenger, you have no time to waste when it comes to protecting your legal rights and pursuing justice. The difficulties associated with being harmed due to the negligence of your friend or family member can make the entire process even more difficult. Montgomery County car accident attorney Anthony C. Gagliano, III, Esquire, P.C. serves the interests of his clients first and foremost. Contact our office today for a free consultation.