How to a file passenger injury claim after a car accident?

Unlike drivers and plaintiffs an injured passenger has an easier case as he/she will not have the burden of proving liability since one of the drivers is beyond a doubt liable. This burden usually rests with the plaintiff who will have to prove that defendant is at fault and that he has suffered economic and non-economic damages from the accident.

Years of experience tells Charlotte, NC accident lawyers that passenger injuries claims happen in two types of accidents. In the first type, two cars are involved and therefore one of them is at fault for sure. In the second type, this is where one car is involved then that driver is most often labeled the responsible one. However, there are rare exceptions where no one is responsible for an accident.

How to file passenger injury claim?

North Carolina accident attorneys know that a passenger injury claim can be filed just like any other case. The only exception is that if two cars are involved then the claims are filed with the insurers of both the drivers. The passenger will have to gather insurance information from the drivers and file a claim. Exceptions happen when only one driver is negligent. In such a case, the claim must be filed only with the driver’s insurance provider.

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In cases of accidents that happen in a no-fault state, a no-fault PIP or Personal Injury Protection is filed taking into account medical expenses and the loss of income of that car driver. The claim can be settled only after the treatment is completed. If the incident involves two vehicles a legal professional negotiates the amount with both the insurance companies. Sometimes negotiations move smoothly but on some occasions reaching a settlement can become difficult as both sets of lawyers arrive at a stalemate.

Problems in passenger injury claims involving two cars

There are cases where both drivers have been proved to be at fault. If the judge determines that both were equally responsible for the accident then a passenger claim for $100,000 will be divided between equally between the insurers of both the drivers. Each will end up paying $50,000. In another case if one driver is found 25% responsible and the other 75% then the amount paid by the insurers will be $25,000 and $75,000, respectively.

However, these claims can be complicated. Insurance companies of both drivers might claim that their clients are only 25% responsible for an accident and hence the injured will get at least 50% less than the amount he/she has claimed and could possibly lead to prolonged negotiations between insurance companies and the legal representatives involved.

Problems of multiple passenger injury claims

This is another challenging area when an accident injures multiple passengers. You see this truck accidents or even train accidents that cause massive devastation and even a scores of people dead.

But, in regards to car accidents, the driver’s accident coverage might not be enough to meet the claims of all the passengers, more so if the injuries are severe. They are asked to share the insurance amount and in most cases agreements between passengers become impossible and the matter is taken to court for a solution. If you face such a situation it is judicious to notify and sign some paperwork with a Charlotte accident lawyer to get your compensation from a negligent driver.