According to the Center for Disease Control and Prevention, Americans spent more than $55 billion in work loss and medical costs due to car accidents in 2018. In Massachusetts, the total cost of car accident deaths was $522 million.
Many people are not aware of what to do if they are injured as a passenger in someone else’s car. You have the option of filing a car accident lawsuit against the at-fault driver with the help of a New Bedford car accident lawyer. The steps that you take to seek compensation will depend on the circumstances of the accident.
What Should You Do After a Car Accident?
The steps you take are similar to the ones you would take if you were the driver and they include:
- Calling 911 if anyone is injured
- Gather contact information of all parties involved in the accident
- Take as many pictures and videos as possible of the accident scene
- Allow paramedics to examine you and take you to the hospital no matter how minor you think your injuries are.
- Get copies of your medical bills and records and any out of pocket expenses you might have incurred while receiving treatment for your injuries
- File a car accident claim with the insurance company as soon as possible
If you suffered severe or permanent injuries, or the accident involved more than one party, it’s best to allow an experienced car accident lawyer in New Bedford to handle your claim. This is because car accident claims under such circumstances are complex and you might end up making costly mistakes if you handle the claim yourself.
Are You Eligible For Insurance Coverage as a Passenger?
You may be able to seek compensation if the car policy covers:
- The driver of the car you were in
- The owner of the car if they weren’t the one driving when you got into the accident
- The at-fault driver of the other car
- The owner of the other car involved in the accident if they weren’t driving it
- Your own car accident policy
It’s crucial that you understand the coverage and policies that apply to your situation in order to get maximum compensation.
Personal Injury Protection
In the state of Massachusetts, Personal Injury Protection (PIP) is mandatory if you own a car. Massachusetts is a no-fault state so you do not have to prove who was at fault in order to be compensated. PIP covers injury-related costs such as:
- Out of pocket expenses while you underwent treatment
- Lost wages
- Medical expenses
- Home care expenses
Unfortunately, PIP does not cover pain and suffering and it can only pay you up to the stated limit. There are also some treatments that aren’t covered by PIP.
How to Claim Compensation Under PIP as a Passenger
If you were injured in someone else’s car and you have your own insurance, the car owner’s PIP coverage will cover you. Anything above the PIP limit can be covered by your own insurance.
If you crashed into another car while riding as a passenger in someone else’s car, you will claim PIP from the driver and if your damages exceed the state’s threshold, you can file an injury claim from the other driver.
If you do not have coverage, you can seek PIP coverage through a family member who is insured.
Can Your Car Compensation Be Limited?
There are certain factors that might limit the amount of compensation that you might receive and they include:
1. Negligence
You have a duty to protect yourself as a passenger. Below are some examples where an insurance company might reduce the amount you can recover or even deny your claim:
- You knowingly got into the car with a driver who was drunk or under the influence of drugs.
- You did not wear a seatbelt
- You were engaging in risky behavior at the time of the accident. For example, riding with your feet on the dashboard or in the open bed of the pickup truck.
2. The Accident Had Multiple Victims
You may not be fully compensated if there were multiple victims in the accident and there is limited insurance coverage.
Our New Bedford Car Accident Lawyers Can Handle Complex Claims
Your car accident claim might not be as straightforward as you think it is. You may be eligible for compensation from multiple parties and the insurance company will try to pay as little as possible.
Our skilled car accident lawyers in New Bedford can discover additional insurance coverage and protect your rights while pursuing compensation for you. Contact us today at 508-999-0800 to schedule your free initial consultation.
