Passengers are to get more benefits over the driver of the car. For example, if the accident is due to the rash driving, then the driver is not likely to get nothing as compensation. But it makes no difference for the passenger of that car and he or she will be entitled to compensation as it was clear that the passenger was not at fault and the claim will be settled by the drivers’ insurance. But if the accident happens due to the mistake of another car driver then the passenger will get compensation settled by the other drivers’ insurance.
The circumstances in which a passenger can be blamed are very rare and always get compensation for their injuries. In a car accident a person as passenger sustained whiplash injuries the most along with the spinal cord injury, broken bones, head wounds.
Although passenger can help in minimizing the injuries to themselves like wearing seatbelts, whether they are sitting at the front or back seat, not talking with the drivers when he is driving, taking all the safety measurements when riding as a pillion. It is also the responsibility of the car driver to make sure about the safety of the children of 14 years old by fastening their child seat belts properly.
Circumstances when the compensation to a passenger can be lower or delayed:
Here is an example to make it clear, if a passenger was fully aware about the dunked state of the driver at the time of initiating the journey and accident happens then the insurance company of the driver, who is likely to settle the claim can challenge the claim, arguing that the passenger was fully aware about the state of the driver, in this condition the amount of the compensation will be discounted slightly, it is passenger’s elementary right to get the claim.
If you were not wearing seatbelts, then you will be entitled to get lower compensation.
If you knew or should have known that the driver had an expired insurance policy, using stolen vehicle or driving even after the suspended license, then the you will not likely to get any claim, as such claims are made through the Motor Insurers Bureau. But if you are unaware about the above details then you will be entitled to get the claim.
If there is more than one passenger is involved in the accident and all filed a claim, and the amount of the claim exceeds then all the passengers will have to settle on the much lower claim than they deserve. If the passengers don’t agree with the amount then filing a lawsuit in only the way to get the deserved compensation that may take longer time to settlement.
If two cars were involved in the accident and the insurance company of both the car drivers blames each other to accept more liability, then there can be delays in getting compensation until one or both the insurer agrees to pay the appropriate amount.
How to file a lawsuit Passenger Injury Claim?
An application should be made through the Injuries Board, accompanied by a medical report, and details of your special damages. A claim can be filed against both drivers if two cars were involved and equally of partially liable for the accident. Your car accident lawyer New York can help you in calculating the general damages that can make a difference in getting right or low compensation. Negotiating with the insurance companies of both or one driver is also very tricky; a car accident attorney can handle them and can file a lawsuit to get you the proper claim, so it is always better to have an expert lawyer at your side to claim when you were a passenger in an accident.