If you were the passenger in a car accident, you might be wondering, “Can I file a car accident claim as a passenger?” You might also be wondering whose insurance will cover you – will you be covered by your own, by your driver, or by the insurance of the other driver? Here at Carabin Shaw, our car injury attorneys serving El Paso will answer these questions and more. Our goal is to inform our clients of all options available, and that starts with some essential information about filing a car accident claim.
First, you should know that you can in fact file a car accident claim if you were a passenger during a wreck, but there are multiple ways you can go about doing so.
1. Filing a Claim with the Insurer of the Other Driver
The first option you have is to hire a lawyer and sue the other driver for damages, but there are some challenges you may face if you go this route. First, if the person driving the car you were in was mostly or entirely at fault, you may not have the ability to file a car accident claim for passenger compensation against the other driver’s insurance, even if you’ve enlisted the help of an attorney.
Next, if you are able to file a claim, the other driver’s insurance may have limits that are too low to cover your expenses. If you were the only person hurt in the accident, the other driver’s insurance may offer enough coverage, but if there were multiple injured people, the insurance money will have to be divided up among everyone.
2. Filing a Claim with the Insurer of Your Car’s Driver
Another option is to file a claim through the policy belonging to the driver of the car you were injured in through their personal injury protection (PP) or through Medical Payments (MedPay). Both PP and MedPay offer protection to all of the car’s passengers. However, if your injuries were severe, this coverage may not offer you enough compensation to cover your expenses, because this type of insurance coverage is often not extensive.
3. Filing a Claim Through Your Car Insurance Company
You may also be able to file a claim with your own car insurance policy. Because the medical payment portion of your policy isn’t based on liability, you aren’t required to be at fault in order to make a claim. The downside is that pain and suffering is not typically included, nor is lost income or other non-medical expenses. You should also know that if you collect compensation through this portion of your coverage and then receive compensation from the driver’s insurance, the amount you previously received may be deducted from the settlement.
Free Initial Consultation with an Experienced LawyerIf you’re still confused as to how to proceed after your car accident (sue for damages? Or hope your own insurance coverage will be enough?), the best thing you can do is contact a qualified lawyer, who can strategize a plan of action.
Here at Carabin Shaw, our car wreck lawyers in El Paso are the best of the best. Our team has 200 years of combined legal experience, a winning track record, and hundreds of five-star client reviews. So if you’re ready to hire a personal injury lawyer in El Paso, or if you just want to find out what an El Paso auto accident attorney can offer you, we are here for you.
Why wait? Our knowledgeable attorneys are here to help and are available around the clock. So call our El Paso office today at 915-779-2301 to receive your confidential free consultation with one of our talented El Paso car accident lawyers.