What to Do if You are Injured in an Auto Accident as a Passenger

If you were injured as a passenger in an auto accident, you could have the legal right to file a claim against one or both drivers. Understandably, some people may be concerned about pursuing a claim against a friend or family member. Still, you are entitled to be compensated by whoever is at fault for the accident. To learn more about pursuing an injury claim as a passenger in an accident, contact the experienced Ohio auto accident lawyers at Lafferty, Gallagher & Scott, LLC.

Pursuing a claim as a passenger can be complicated when the at-fault party is the driver of the vehicle you were riding in. That is why working with an attorney can be helpful as it removes some of the personal elements.

Pursuing a Passenger Claim Against the At-Fault Driver

While it may be hard to imagine making an injury claim against a friend or relative, you do have the right to have your damages reimbursed. In some accidents, you may be pursuing a claim against both parties as each driver shares some responsibility. Ohio is a comparative negligence state, which means even the party who was partially at fault may recover a portion of their damages, provided they are not more than 50% at fault. However, their damages will be reduced by the percentage of liability. For example, if the driver of the vehicle you were in was deemed 20% at fault, they could collect 80% of their damages.

As a passenger in the vehicle with 20% at fault, you are not responsible for the accident. You could pursue a claim against both parties to have your damages reimbursed. Another way you may be pursuing a claim against the driver of the vehicle you were in is if the other party’s insurance limits are not high enough to compensate you. For example, if your damages are $100,000 and the other driver only has $50,000 in coverage, you may be looking to make an underinsured motorist claim (UIM) under your driver’s policy if they have a UM and UIM policy.

MedPay Claim

If your driver has a Medical Payments, or MedPay, policy, you may be able to claim that coverage, regardless of who is at fault. MedPay will cover a portion of your medical expenses up to the policy limit, no matter which driver caused the collision. However, MedPay will usually look to seek reimbursement from whoever was at fault.

Get Help from an Ohio Car Accident Lawyer

Determining what to do after an accident can be stressful and leave you feeling overwhelmed. Do not make a complicated situation worse by trying to handle it on your own. Let an experienced Ohio car accident lawyer tell you the best course of action in your particular situation. To learn how we can help, contact Lafferty, Gallagher & Scott, LLC today.