Filing a claim as a passenger injured in a car accident generally follows the same process as if you were an injured driver. You must determine who is at fault for the accident, whether those parties have insurance, and whose insurance to file a claim with.

You can secure compensation through a third party’s insurance provider, the insurance provider who covers the driver whose vehicle you were in, or your auto insurance provider. These and other decisions may be complicated, and you should seriously consider having a Cape Girardeau car accident attorney lead your claim(s).

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Filing a Claim With the At-Fault Driver’s Insurance

Though each state has different laws regarding how injured parties should seek compensation for accident-related injuries, there is a good chance the at-fault party’s insurer will need to cover at least some of your losses.

The at-fault driver can be:

• A third party (like a stranger to you) who hit the vehicle you were in
• The driver of the vehicle you were in

While you might hesitate to file a claim with a friend or family member who caused the accident, you may need to do this to receive the compensation you deserve.

The person should understand that they endangered you by causing the accident and recognize that they have insurance exactly for circumstances like this.

Filing a Claim with Your Own Insurance

You may deserve compensation through your own insurance provider. Two common types of insurance coverage an injured passenger may need to access are:

• Personal injury protection (PIP) coverage
• MedPay coverage

These types of coverage may ensure you don’t have to pay out of pocket for accident-related medical care. However, you may use your own insurance as a last resort, as premiums may rise after filing a claim, even if the accident was not your fault.

You may take several steps, including filing a third-party claim and lawsuit, before considering filing a claim with your insurer. An experienced auto accident attorney will guide you through this decision-making process, advising you to do what is best for you.

You May Also Have the Option to Sue Liable Parties

You may have grounds to sue anyone whose negligence contributed to you suffering injuries.

Though motorists are often responsible for causing car accidents, other liable parties can include:

• The manufacturer of a defective vehicle or vehicle component
• A municipality that oversaw dangerous road conditions
• An establishment that overserved an intoxicated driver
• A pedestrian whose actions led to the collision
• An employer whose employee caused the car accident
• Any other party who was negligent or has legal liability for another party’s negligence

Your lawyer will identify every party liable for your injury-related damages as part of their investigation. If you choose to file suit, your lawyer will lead the legal process from beginning to end.

Why You Might Need to Sue After a Car Accident

There are a few reasons why you may ultimately sue one or more parties after an accident injures you as a passenger.

You may need to file suit if:

• The parties responsible for the accident do not have adequate insurance coverage
• The liable parties are insured, but insurance providers do not offer the compensation you deserve
• The cost of your accident-related damages exceeds coverage limits on applicable insurance policies

Every injured passenger faces different circumstances, so you need to have an attorney evaluate your unique circumstances. Your lawyer will explain your options, lay out the pros and cons of each, and help you decide the right course of action.

Steps Every Passenger Should Take After a Car Accident

There will be much that is out of your control after your accident. You can control your actions, though, and it is generally wise after an accident to:

Seek Medical Attention (Even If You Don’t Feel Injured)

It’s a common and unfortunate scenario. A car accident victim does not feel injured or believe their injuries are minor. They delay seeking medical attention, only to later discover they suffered significant injuries in the collision.

Those who wait to seek medical attention after a car accident may:

• Open themselves to insurance companies’ claims that their injuries are not accident-related.
• Fail to document injuries in their full severity, as some healing may occur by the time you finally receive medical attention.
• Be unable to claim injuries if the period for filing an injury claim passes.

It is always better to be thorough than sorry when seeking medical care as an injured passenger. Some injuries, including whiplash, can have late-onset symptoms, meaning you can be injured without realizing it. See a doctor if you have not already done so.

Hire a Car Accident Lawyer With an Impressive Reputation and Results

An attorney can provide a long list of services and benefits. The sooner you hire your lawyer, the sooner you will realize those benefits, which include protecting you from insurers’ bad-faith tactics.

When you are looking for a lawyer to hire as an injured passenger, consider the candidates’:

• Geographic location (you will want an attorney reasonably close to where your accident happened)
• Case results
• Frequency of taking car accident claims to trial (going to trial signals a law firm is serious about obtaining compensation for its clients)
• Reviews from former clients

You can also complete free consultations. These consultations allow you to interact with a firm’s representative, ask questions, and receive a preview of how the firm values (or does not value) its clients.

Keep a Record of Your Injuries, Symptoms, and Damages

One of your lawyer’s duties will be to document the effects of your injuries, including medical costs and pain and suffering.

You can help by:

• Keeping all medical records and bills from your post-accident treatment process
• Starting a journal detailing physical pain, psychological distress, and other harm you’ve suffered because of the accident
• Keeping any other documentation that can be relevant to your case, such as vehicle repair estimates and invoices

Documenting your accident-related damages is another reason to retain your lawyer as soon as possible. Your legal team will take over the documentation process and provide easy-to-follow instructions about what to do (and not do) after the collision.

You can trust your attorney’s advice and guidance if you are thoughtful as you vet potential lawyers. Simply follow their instructions, and you position your claim for success.

Why You Might Hire a Car Accident Lawyer to Fight for the Compensation You Deserve

You deserve to understand why you might hire a lawyer as a passenger injured during a car accident.

Many injured passengers before you have hired attorneys to lead their claims because:

• Those with injuries are cannot handle the stress and physical demands that can come with auto insurance claims
• Many people injured in car accidents have no legal background and limited knowledge of insurance claims
• It can be challenging to calculate the value of accident-related damages (particularly pain and suffering), which means you may not know how much money to seek from insurance companies
• Lawyers handle every step of the claims process or any lawsuit you file, which can be a great psychological relief

Your attorney will also offer a fee structure that works for you. For most firms, this is a contingency fee. This means you won’t pay any out-of-pocket fees or costs, and your lawyer will receive a percentage of any settlement or verdict they secure for you. Under no circumstances will you pay a direct cost to hire your attorney.

How Your Car Accident Lawyer Will Fight for Your Best Interests

Lawyers take a comprehensive approach when creating successful car accident claims, which generally includes:

Surveying the Insurance Landscape

Insurance policies are a key factor in seeking compensation for your losses. Your attorney will:

• Obtain the details of auto insurance policies for any at-fault third party, the driver of your vehicle, and yourself
• Identify coverage types, coverage limits, and other relevant details of each policy
• Handle all interactions with insurance companies, which will ensure no insurance representative can undermine your claim with bad-faith tactics

Reading insurance policies is common practice for attorneys, who will quickly work on policies that affect your claim(s).

Determining Who Should Pay for Your Accident-Related Damages

After gathering all relevant evidence, witness accounts, and information, your lawyer will determine exactly who is responsible for your accident-related losses. They will secure any video footage, statements from those involved in the collision, and other evidence relevant to your claim(s).

Detailing Your Economic and Non-Economic Damages

The details of your accident-related damages determine how much compensation you deserve. Having documentation of those damages will also be a key feature of settlement negotiations.

Relevant documentation may include:

• A mental health expert’s diagnosis of PTSD, depression, and similar difficulties related to the car accident
• Your doctors’ diagnoses and notes about your injuries and symptoms
• All medical bills related to the car accident
• Invoices for the repair or replacement of damaged property

If you lose income or suffer other professional damages from accident-related injuries, your attorney can secure any bank statements and employment records that illustrate your damages.

Negotiating the Settlement You Are Entitled To

Attorneys move quickly to determine their client’s claim value. It ensures your lawyer can begin negotiating the settlement you deserve as soon as possible.

Your attorney’s settlement demands will include:

• Damages you have already suffered
• Damages you are likely to face in the future (like ongoing medical costs and lost income)

Your attorney will calculate economic and non-economic damages, with pain and suffering being the prime example of non-economic damage.

Filing a Lawsuit for You If Circumstances Require

If you and your car accident attorney decide to file a lawsuit, your lawyer will guide you through the legal process.

They will:

• Draft and file the complaint
• Ensure that defendants in the case receive notice
• Continue to negotiate a settlement if liable parties are willing
• Review all settlement offers with you
• Determine if it is necessary to take your case to trial

Lawyers know the sign that liable parties will not offer the settlement you deserve. They will share this knowledge with you if it becomes relevant during your case.

Going to Trial, If You Need To

If you and your lawyer decide to proceed to trial, your legal team will plead for a jury to award you the compensation you deserve. Your lawyer will lead every trial step, from questioning witnesses to presenting evidence.

How Much Compensation Can I Receive as an Injured Passenger?

The amount of compensation you are entitled to can depend on several variables, including:

• The specific types of injuries you suffered during the car accident
• The severity of your injuries and recovery timetable
• The severity of your pain and suffering
• Whether your property was damaged during the accident

Ultimately, your case value will be determined by the total cost of your damages.

Find Your Car Accident Attorney Today

Waiting to hire an attorney is one of the most glaring mistakes an injured passenger can make. Your lawyer will need to secure evidence, document your damages, and file your claim or lawsuit as soon as possible. Don’t wait to find a car accident lawyer you can trust to do right by you.

Case evaluations are free, so you risk nothing by scheduling yours today with a personal injury lawyer near you.