I was a passenger in a car accident; can I file an injury claim?

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

The person who files the lawsuit needs to show proof. That is only logical right?

According to Riverside, CA accident lawyers, passenger injuries claims can result from different types of accidents. First is where two cars are involved and one of them is at fault. If a single vehicle is involved then that driver is most often held responsible. However, there are rare exceptions where no one is responsible for an accident.

You may have seen this in the movie Transformers 4 when Galvetron was reaping and disseminating all sorts of chaos all over the road in Illinois. Before Galvetron and Optimus Prime fought on the side of the road Galvetron blew up several cars and ran over several more. Now if your car was damaged and then could not move out of the way of another car or was blown into another car that other driver does not have a case against you since it was Galvetron who caused your car to be blown into another lane or into their vehicle.

Now this is fiction and does not really happen but there are times when an accident is not your fault or the other party’s. 

Galvetron may be pretty high tech but so is this site (Accident.USAttorneys.com) and unlike him, this site is on your side. Click and call. You need legal help; this site gives you the ability to secure it.

How to file passenger injury claim?

San Bernardino, CA accident attorneys state that a passenger injury claim can be filed just like any other case. The only exception is that if two vehicles are involved then the claims must be filed with both the drivers’ insurers. The passenger will need to gather the insurance details from the drivers and file a claim. One of the exceptions is when only one driver is negligent. In such a case, the compensation claim for the accident must be filed only with the driver’s insurance provider.

In accidents that happen in a no-fault state, a no-fault PIP or Personal Injury Protection must be filed taking into account medical expenses and the loss of income. The claim can be settled only after the treatment is completed. If the incident involves two vehicles a legal professional will negotiate with both the insurance companies.

If someone hits you on the road, you need a Riverside, CA accident lawyer. Someone else now owes you. 

Problems in passenger injury claims involving two cars

There are cases where both drivers have been proven to be at fault. If the judge determines that the 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 and you will need a Riverside, CA accident lawyer in this situation. 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. Both the drivers insurers 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 the insurers and accident legal counselors involved.

Problems of multiple passenger injury claims

This is another challenging area when multiple passengers sustain injuries in an accident. The driver’s accident coverage might not be enough to meet all the passengers’ claims, more so if the injuries are severe. In such a situation they will have to share the insurance amount and in most cases reaching an agreement is a difficult task which is why the matter may end up in court.

If you are the victim of an auto accident and need to recover compensation for your pain and suffering, it is crucial to consult a California accident lawyer to evaluate your case. Do not expect Galvetron or anyone else to do it for you.