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HomeBlogAuto AccidentsWhat to Do if You’re Injured in a Car Accident as a Passenger
28 June, 2021

What to Do if You’re Injured in a Car Accident as a Passenger

Obtaining just compensation after being injured in a car accident is difficult enough when you’re a motorist who’s been injured by another motorist’s negligence. Being injured as a passenger elevates the level of complication considerably, and you may not have any idea regarding how best to proceed. An experienced Illinois car accident attorney can help ensure that your case proceeds in accordance with the best path forward for you. 

Your Insurance Options

If you’ve been injured as a passenger, there are typically four options available to you regarding insurance coverage for your losses, but there’s a lot to consider. Ultimately the best path for you will hinge upon the unique circumstances involved (including which driver is at fault), but the four basic insurance venues include:

  • Filing with the other driver’s insurer
  • Filing with the insurance provider of the person who drove you
  • Filing with both drivers’ insurers
  • Filing with your own insurer

This already-complicated situation can become more so if the person driving you is a close friend, family member, or loved one. 

Your Third-Party Claim

If you file your accident claim with another driver’s insurance company, it is called a third-party claim, and determining which insurer to file with will depend upon the circumstances. Consider the following:

  • If the accident that leaves you injured is a two-car accident and the other driver is clearly at fault, you’ll likely file with the at-fault driver’s insurer.
  • If the accident is a one-car accident, you’ll likely file with your driver’s insurer.
  • If the accident is a two-car accident and both drivers share fault, you can file with both drivers’ insurers. 

There are complicated factors to consider, including insurance limits and the extent of your injuries, when making this important determination. 

Your Damages

As a passenger in one of the vehicles involved in the accident, it’s fairly clear that you bear no liability, but you will need to demonstrate the damages you’ve suffered in order to collect on them. Such damages can include:

  • Medical Costs – Medical expenses are often quite extensive and can include emergency care, surgery, hospitalization, doctor care, physical therapy, rehabilitation, prescription medications, ongoing health care, and much more. 
  • Lost Earnings – You’ll likely be unable to work while you heal, and this can mean lost wages (on top of all those medical bills). If the injuries you’ve sustained interfere with your ability to do your job, you could be facing decreased earnings into your future or even a detour in the career path you have been carefully crafting.
  • Pain and Suffering – Although it is more difficult to assign a price to your physical and emotional pain and suffering, it remains just as real as your other damages. Some of the emotional consequences of significant pain and suffering include sleep disturbances, mood swings, bouts of depression, increased anxiety, emotional lability, and more.

Consult with an Experienced Illinois Car Accident Attorney Today

The practiced Illinois car accident attorneys at The Horwitz Law Group are well positioned and well prepared to help guide your claim toward an optimal outcome. For more information, please don’t wait to contact us today.

 

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