Passenger in a Car Accident
If you have been injured as a passenger in a motor vehicle in Kentucky, you need to know your rights in collecting compensation for your injuries. No matter what the mode of transportation; be it car, truck, motorcycle or boat, if you were injured because of another’s negligence you have the right to recover damages.
As the passenger, you would be considered negligent-free, and the fault would either be with the driver of the vehicle you are riding in or a third party that caused the accident. Regardless of which driver was at fault, the one you were riding in or the other driver, as a passenger, you could not be held at fault, and since most cases revolve around fault, this is good for your case.
If the driver at fault was the vehicle you were riding in, it was most likely someone you are familiar with, a friend or relative, and you may be hesitant about filing a claim against them. They may even have asked you not to, for fear of their insurance rates going up or told you they would take care of your medical bills.
You must take into consideration the fact that medical bills for your injuries may exceed the amount your friend is capable of paying, and by the time you realize this, the statute of limitations that applies in your case may have passed and you no longer have any legal recourse to recover damages.
Keep in mind that you are suing the insurance company and not your friend, and hopefully this will not break up the relationship. If the driver at fault was driving the vehicle that caused the accident, you can file a claim against both driver’s insurance companies.
As a passenger you are considered a third party and should file that way, meaning that you are filing a claim with a policy other than your own. It’s important to file a claim with both insurance companies as your medical bills for your injuries along with lost wages resulting from the accident may exceed the coverage that only one would provide.
As a passenger you would have an easier case to prove because there would be no liability or negligence placed on you, but your claim could be held up by both drivers, in a two party accident, may be denying fault.
You need to hire a reputable Kentucky attorney who has experience in representing passengers in a vehicular accident and the sooner you do, the better chance you have of getting a just settlement. There is the accident scene that needs to be investigated and witnesses to question while everything is fresh in their minds.
To present your case, your lawyer must prove liability (which driver is at fault) and present damages, which include medical bills, lost wages, pain and suffering and emotional distress.