There is no simple answer to how much money a passenger can get in a car accident case.
Several factors will affect the value of a passenger’s accident case, including:
- The injuries they have suffered
- The severity of the accident
- The cost of their economic damages
- Whether the passenger owned the vehicle involved in the accident
- The extent of their pain and suffering
A car accident attorney will conduct a complete, detailed account of your damages. Everyone involved in an accident deserves to seek justice for their damages, including passengers.
Auto Insurance Generally Covers Injuries to Passengers
The typical auto insurance policy covers injuries to passengers in a vehicle. One relevant question is whose insurance policy will, or at least should, cover a passenger’s injuries.
Each state falls into two auto-insurance categories, which are:
- No-fault states: In these states, every motorist’s auto insurer covers their own accident-related damages up to the coverage limit. Even if someone else caused your accident, your own insurer should provide some compensation for your losses.
- Fault states: The at-fault party’s insurer covers accident-related damages in fault states. Because of this fault-based insurance framework, it is especially important to determine who caused motor vehicle accidents in fault states.
A state’s insurance designation will determine the type of auto insurance you must buy.
Motorists in either state may choose to buy additional insurance coverage in case:
- Damages from their accident exceed the minimum insurance coverage limits
- An at-fault motorist does not have any auto insurance or only has the bare minimum auto insurance coverage
Both mandatory and elective auto insurance should cover passengers. In a no-fault state, a motorist’s insurer may cover injuries to passengers regardless of who caused the accident. In fault states, the at-fault party’s insurer should cover the passenger’s injuries. If the at-fault party does not have sufficient insurance, the passenger may get compensation through the policy of the motorist whose vehicle they were riding in.
What Damages Does Auto Insurance Cover for Passengers?
As a passenger in a car accident, insurance may cover:
- Emergency transportation
- Emergency care
- Hospitalization
- Individual doctors appointments
- Medications
- Damage to personal property
- Damage to the vehicle, if the passenger is the owner of the vehicle involved in the accident
It is important to review the details of each insurance policy. Coverage may vary from one policy to the next. If your medical costs and other losses exceed the coverage you can get through insurance, you may have other options for seeking the money you need.
Coverage Limits Can Be a Challenge When a Passenger Seeks Compensation for an Accident
Insurance coverage limits determine how much coverage a policyholder is entitled to. Therefore, if the cost of a passenger’s accident-related damages surpasses coverage limits, their attorney will need to negotiate with the insurance company.
When damages far exceed coverage limits, it may be in an accident victim’s interest to pursue a lawsuit. There are no limits on how much a plaintiff can recover through a lawsuit.
Insurance Companies May Not Handle an Accident Victim’s Claim in Good Faith
Even if the passenger in a car accident deserves compensation through insurance companies, there is no guarantee that they will get the money they deserve. On paper, it may appear as if insurance coverage will be enough to pay for medical bills and other damages, but you may find that an insurance company:
Does Not Recognize All of Your Damages
For an insurance company to pay for a car accident victim’s damages, they must recognize the damages as legitimate.
An insurance company may refuse to pay certain losses because:
- It says the losses did not result from the accident
- It claims that losses do not fall within the scope of the insurance policy
- It claims that you cannot prove the losses
An attorney can provide proof that certain damages are accident-related and do entitle you to money from an insurance company.
Contests the Severity of Your Injuries
An insurance company may insinuate or state explicitly that your injuries are not as serious as you claim.
Your attorney can contest these claims by providing:
- Images of your injuries
- Doctors’ diagnoses of the injuries
- Previous medical records
- Expert testimony that your injuries are related to your accident
- Any other documentation that proves the connection between your accident and your injuries
Such documentation may make it impossible for the insurance company to credibly deny your injuries though that may not stop it from trying.
Stands by Its Lowball Settlement Offer
Insurance companies may offer you lowball settlement offers after the collision. Accident victims, staring at mounting medical bills, vehicle repair costs, and other expenses, cannot be blamed for accepting these quick offers. However, an attorney should advise you that a quick offer is often not a fair offer.
Your lawyer may negotiate for a higher settlement figure. However, an insurance company may stand by its initial offer.
Delays Your Claim
Once the insurance company makes an offer, it may stall.
An insurer may delay because:
- It believes that mounting financial pressures will lead you to accept its initial settlement offer.
- It hopes that you will conclude that the first offer is the only offer you will receive and bets that you will not pursue a lawsuit.
- It wants the statute of limitations for filing a lawsuit to expire—eliminating a key point of leverage that your lawyer possesses.
An attorney can keep the pressure on insurance companies to process your claim. Your lawyer can file a lawsuit, and they will communicate to insurers that delaying your claim may only compel the attorney to file the lawsuit more quickly.
You can avoid dealing with these or other bad-faith tactics by insurance companies. A lawyer will protect you and seek the money you deserve.
Should I Hire a Lawyer as a Passenger Who Has Been in a Car Accident?
It is your decision whether to hire a lawyer following a car accident.
Passengers in car accidents choose to hire lawyers because:
- They are in unfamiliar territory: If you are not familiar with insurance claims, lawsuits, or motor vehicle accidents, you may want to rely on someone who is familiar with these matters. Car accident lawyers regularly represent accident victims, deal with insurance companies, and complete lawsuits for those in situations like yours.
- They are dealing with injuries: Motor vehicle accidents often cause injuries. You may need to rest and receive various treatments as you focus on recovery. This recovery should be the priority, and an insurance claim or lawsuit can get in the way. In fact, stress caused by your case may worsen your injuries.
- The law firm will handle the cost of the case: Car accident firms will generally cover the cost of completing a lawsuit or insurance claim. These costs may include expert fees, filing fees, the cost of transportation for case-related appointments, the cost of creating exhibits and reconstructions, and other expenses related to claims and lawsuits.
- There is no out-of-pocket cost to hire a lawyer: Car accident firms also generally use contingency fees. With this fee structure, the client pays nothing upfront. The law firm only receives an attorney’s fee if it gets money for the client. If the law firm wins, it’ll get a percentage of the client’s settlement or judgment. If the law firm does not win, the client pays nothing to their lawyer.
- The law firm has a track record of financial recoveries: Seeing that a law firm has won for clients in the past can be comforting. A firm’s case results is one objective criterion by which you can compare law firms.
- The law firm has impressive client testimonials: When seeking a lawyer, you can also compare firms’ client testimonials. Rather than relying only on a firm’s curated testimonials on their website, browse public review forums to get a full picture of client experiences.
There are many reasons to hire a car accident lawyer after a car accident. Motor vehicle accidents come at a great cost, and you may recover significant damages for your accident. You may hire a lawyer because you feel they give you the best chance to recover money for your damages.
What Does It Cost to Hire a Car Accident Attorney?
Each car accident law firm sets its own fee. You will want to ask about a firm’s fee structure before you hire them. In most cases, the firm will set a reasonable percentage they receive of your settlement or award as its fee. If you do not win your case, the firm should not charge you any fees for representation.
Car accident firms should charge nothing for a case evaluation or to begin representation. The firm will likely cover the costs of pursuing an insurance claim or lawsuit, so you do not need funds to cover those costs out of pocket.
You must determine whether you believe a law firm’s contingency fee structure is fair. If a law firm has impressive case results and testimonials, you may be inclined to accept its fee structure. If a law firm does not give you a reason to trust its abilities, you may be less inclined to accept a high contingency fee.
What Will a Lawyer Do for Someone After a Car Accident?
A car accident lawyer can lead every step of your lawsuit or insurance claim. A passenger injured in a car accident may need their attorney to:
Protect the Client
An attorney’s first duty is to protect their client. Following an accident, you may face pressure to admit fault, accept a settlement, or take other steps that may not be in your best interests. A lawyer will advise you throughout the legal process, ensuring you have complete information before making case-related decisions.
Set the Case Strategy
Your attorney can develop the strategy for your case. This strategy will include whether to pursue an insurance claim or lawsuit. In some cases, an injured passenger may pursue an insurance claim and then file a lawsuit if liable parties refuse to offer a fair settlement.
Get Evidence of Negligence
An attorney will seek all evidence that can help your case, including:
- Witness testimony
- Video Footage
- Expert testimony
- Police reports
- Photographs of the accident scene
Your lawyer may rely on in-house investigators, experts, and other parties to supplement their own investigation of the accident.
Secure Documentation of Damages
Your attorney will need to prove how your car accident has caused you harm and may prove your damages with:
- Photographs and medical images of your injuries
- Loved ones’ accounts of how the accident has affected your day-to-day life
- Testimony from doctors and mental health professionals about physical injuries and accident-related trauma
- Proof of lost income
- Other types of documentation
Available documentation, like evidence, varies from case to case. Your lawyer should work to secure all available proof of your losses.
Deal with Insurers and Others in the Case
Lawyers stand between their clients and anyone who can harm their client’s cases. This includes insurance companies.
Insurers are not always on the client’s side and may have a clear financial incentive to deny or underpay your claim. Your lawyer will prevent hostile parties from derailing your case.
Lead Settlement Negotiations
Your attorney will represent you in settlement negotiations. These negotiations may be highly technical and tense, and an attorney’s experience may be a great asset.
Complete a Trial
When you are speaking with prospective law firms, make sure that they are willing to take your case to trial. Even if your case does not require a trial, a firm known for going to court may have greater leverage during settlement negotiations.
Call a Car Accident Law Firm Today for a Free Consultation
Car accident lawyers in your area offer free consultations. Take advantage by asking any questions that you have about the firm. Do not wait to hire a lawyer, as your case may include a statute of limitations that restricts your filing window.