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Can Passengers File a Car Accident Claim in Bowling Green?

January 10, 2022 By Flora Templeton Stuart

As a passenger in a car accident in Bowling Green, you have the right to file a claim for compensation for those injuries, regardless of which driver caused your accident. If the driver of your vehicle caused an accident, you can file a claim for compensation for injuries through that driver’s insurance, potentially including that driver’s PIP insurance. If you suffered injuries due to another driver’s negligence, you have the right to file a claim for compensation through that driver’s insurance company. At Flora Templeton Stuart Accident Injury Lawyers, we can help with the claims process and fight to get the compensation you deserve.

What’s In This Guide?

PROVING AN INJURY CLAIM AS A PASSENGER IN A CAR ACCIDENT

Passenger injured in car accidentPassengers in a car accident only rarely bear any liability, or fault, at all for that accident. As a result, you know that you have the right to pursue compensation through the liable driver’s insurance policy. However, you may have to prove the extent of your injuries and your presence at the scene of the accident in order to claim compensation.

Kentucky offers several types of insurance that will prove relevant as you move forward following a serious accident. First, the driver of your vehicle is required to carry liability insurance, which includes PIP to provide immediate assistance with medical bills, regardless of who caused the accident.

Second, if you suffered severe injuries that exceed the policy limits of the at-fault driver, you can collect on your own underinsured coverage, which is available on your own policy. Third, if the at-fault driver has no insurance, you can collect on your own uninsured coverage, which includes PIP. If you do not own a vehicle and the at-fault driver is uninsured, you can file an assigned claims with the state of Kentucky to obtain PIP coverage.

In order to prove an injury claim as a passenger in a car accident, you will need to establish:

  • Your presence at the accident. Make sure the police are called so they can file a police report at the scene, which will include information about your status as a passenger.
  • Your injuries and when they occurred. Seek medical attention immediately to make it easier to prove when your injuries took place and what injuries you sustained in the accident.
  • Which driver caused the accident. You may need to wait for the drivers’ insurance companies and lawyers to sort out liability so you can file a claim with the right company.

TYPES OF LOSSES THAT MAY QUALIFY FOR COMPENSATION

Generally, you can file a claim for compensation any time you suffer injuries in a car accident. You can claim compensation for your medical expenses, which may represent a substantial financial loss, as well as any wages lost as a direct result of your accident. Furthermore, you can include compensation for the suffering you faced due to the accident, including both emotional anguish and any physical pain related to the accident, as part of your claim.

HOW CAN I ENFORCE MY LEGAL RIGHTS TO SEEK COMPENSATION AS A PASSENGER?

As a passenger, you may have to wait until the insurance companies sort out liability to move forward with your claim, but that does not make you powerless. Contact a lawyer to make it easier to enforce your legal right to compensation and move forward with a claim following your accident.

PIP BENEFITS

PIP benefits, also known as no-fault coverage, can help cover injuries to drivers and their passengers, regardless of who caused the accident. PIP pays $10,000 and, in some policies, up to $50,000 per person, per accident for medical expenses, lost wages, and other expenses. Once PIP has been exhausted, you may need to file additional claims to recover the full extent of your injuries and losses. At Flora Templeton Stuart, we look to see if additional policies in the home may increase coverage through ‘stacking’, or adding the policies together.

FILE A THIRD – PARTY INSURANCE CLAIM

A third-party insurance claim allows you to pursue compensation for your injuries through the liable driver’s insurance policy. By its nature, a third-party claim indicates that you do not have any direct involvement in the accident, but that you suffered injuries through no fault of your own, due to the other drivers’ negligence.

Keep in mind, when filing a third-party insurance claim, that the insurance company may not automatically offer you as much compensation as you deserve. A lawyer can help you better evaluate your losses and whether a claim reflects your needs.

FILE A LAWSUIT

Most Bowling Green car accident cases are settled out of court but filing a lawsuit may offer the most effective way to seek compensation if there is ample insurance to collect. Insurance companies may not automatically offer the compensation you may deserve after your accident. In fact, you may receive a settlement offer that covers only a small percentage of the injuries you sustained in the accident, rather than an offer that reflects the full extent of the financial losses and suffering you have faced due to the accident.

Filing a lawsuit can help you lay out your specific injuries and your right to compensation. An experienced Bowling Green car accident attorney at Flora Templeton Stuart Accident Injury Lawyers can help you put together an effective, compelling claim that establishes the damages you sustained and the compensation you deserve.

ARE THERE LIMITS TO MY LEGAL RIGHTS AFTER A CAR CRASH IN BOWLING GREEN?

There are some limitations to your legal rights following a Bowling Green car crash. First, you must file a claim before the statute of limitations runs out. The statute of limitations in Kentucky allows two years after the date of the accident or the date the last PIP or no-fault payment was made by your insurance company for you to file a car accident claim.

You may also need to carefully consider the limits of the liable driver’s car insurance policy when filing a claim, since those limitations may ultimately determine how much you can recover. Talk to a lawyer to get a better idea of your specific rights and how the liable driver’s insurance policy may influence your claim.

Author Photo

Flora Templeton Stuart

Flora Templeton Stuart is the lead attorney and founder of the law firm Flora Templeton Stuart Accident Injury Lawyers, established in 1976. Flora goes to work every day to make a difference in her community and the lives of her clients. When you call you will get a personal representation and an attorney who truly cares.