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I Was A Passenger In A Car Accident And Was Injured, Can I Still File A Claim?

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FAQ: I was a passenger in a car accident and was injured, can I still file a claim?

Car Accident Lawyer Milwaukee, WIWhen people think about car accident claims and lawyers, they often think about the driver, but what about the passenger?

As a passenger in a car, you are depending on the driver to get you safely to the destination. Accidents can and do happen. If you were the passenger in a car at the time of an accident, you might be reading this and thinking about the injuries you unfortunately sustained. Broken bones, back pain, head injuries, or worse are just some injuries that a passenger could experience in an accident.

As your medical bills accumulate and losses compile (i.e. inability to work), you might begin to look for compensation to help you with your recovery. When such question arises you may then wonder who you would file the claim against and whether or not you should retain a car accident lawyer in Milwaukee, WI.

While every situation is unique, there are a few different options that may be available depending on the circumstance. If you don’t understand any of this information, or need further clarification, you may call Hickey & Turim SC to speak directly with a car accident lawyer Milwaukee, WI locals turn to.

Filing a Claim with the Driver of the Car You Were In

As soon as you enter a car driven by another person, they become responsible for your safety. If the driver makes an error and causes an accident that harms you, the driver is responsible. He or she will be required to use their insurance to cover your expenses and losses.

The driver’s insurance policy, assuming they are covered, should discuss coverage for injured passengers. This will likely include your medical treatment and any lost wages from your inability to work. Unfortunately, the amount of coverage is usually very low and won’t be able to cover all of your bills. This may be especially true when your injuries were serious or life-threatening.

Filing a Claim with the Driver of the Other Car

Should the driver of the car you were in be 100 percent at fault, you may only be able to file a claim with their insurance company. If the driver of the other car, or a third car, share responsibility for the accident, you may be able to file a claim with their insurance company. This can be easier said than done and will require you to prove fault.

Evidence, witness testimony, medical records, and more may need to be gathered to show this proof. A good Milwaukee WI car accident lawyer can help you with this entire process and get you the compensation you deserve.

Filing a Lawsuit Against a Driver for More Compensation

When you have endured injuries that are serious or life-changing, it may be possible to sue the at-fault driver. This process requires a car accident lawyer and can be time-consuming and complex. However, it is often very favorable, particularly when you will need extended or long-term treatment to recover.

Your ability to sue may depend on your relation to the driver. If they are immediate family, you may be covered by their policy. If they were a friend, extended family member, stranger, co-worker, etc., you may still file a claim against their vehicle insurance policy or you may end up filing a lawsuit. Be sure to call a car accident lawyer as soon as possible.

When a Passenger Could Be At Fault

In nearly all accidents, the passenger cannot be held ,meaning full compensation is possible. However, there are a few situations that an insurance company could deny your claim. These include:

  • You got into a car in which you knew the driver was intoxicated.
  • You were doing something to distract the driver.
  • You grabbed the steering wheel of the car.
  • You encouraged the driver to do something dangerous (i.e. race).

Let a Car Accident Lawyer Milwaukee, WI Families Recommend Explain Your Rights

The accident you were in will have its own unique set of circumstances. To know whether or not you may be able to file a claim or lawsuit, you should consult with a Milwaukee WI car accident lawyer from Hickey & Turim SC.

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