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What are my rights as a passenger in a car accident?

| Oct 21, 2014 | Uncategorized |

If you’ve been involved in a car accident, understanding your rights as a passenger can be a difficult undertaking.  To help you navigate through the process a little easier, our Kentucky Accident Attorneys have put together the following guide:

  • Fault.  Regardless of which driver was at fault, be it the driver of the car in which you were riding or the driver of another vehicle that was involved in the accident, as a passenger, you were not at fault.  Because the rights of people who are involved in a car accident generally revolve around fault, this is good for you, no matter which car you were riding in.
  • Claims.  Because, as a passenger, you were not at fault, you have the right to file a claim with both drivers’ insurance companies.  As a passenger, you are considered a “third party”, and your claim would be filed as such.  This means that you are filing a claim with an insurance policy other than your own.
  • Multiple Claims.  It may be beneficial to you to file claims with both parties’ insurance providers.  The damages that you incurred as a passenger can be significant, and it’s possible that one of the driver’s insurance policies will not be sufficient enough to cover your expenses.  If you file claims with both drivers, you’re more likely to cover your incurred expenses.
  • Medical Payments.  If you’ve been involved in a car accident, the claims process can be costly in terms of time.  If you have outstanding medical bills, you still have the ability to file claims for medical payments while the initial claim is under review.  Medical expenses and wage loss are paid under the no fault portion of the policy for the car in which you are riding, regardless of fault.

The law requires a lawsuit be filed within a certain period of time after the accident.  If you were injured, you need to contact a car accident attorney as soon as possible.  He or she will evaluate your case and can advise you about how to proceed.  If you have questions, contact a lawyer at Edwards & Kautz to discuss them.  We can be reached at 866-795-5087 or by filling out a form on our website.

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