When a Passenger is Injured, Whose Insurance Applies?
When a passenger is injured in a car or truck accident, there may be multiple sources of available compensation — for example, insurance of the driver of the car he or she is riding in, the driver of the other car and the passenger himself or herself will all apply. Furthermore, everyone who lives with you, including adult children, may be covered under your own auto insurance.
This is why it is important to have an experienced lawyer evaluate an injury claim involving an injured passenger — to help ensure that all available sources of compensation are investigated. In some states in the U.S., "stacking" of insurance coverage in such a case is not allowed. In Rhode Island, however, stacking of insurance coverage is allowed.
Complications may arise when taking into account uninsured or underinsured motorist coverage, if the other driver does not have insurance or does not have enough insurance. And as with any other injury claim, a thorough investigation of all known facts is basic to the case:
- Review of police reports (or self-reports in snowstorm situations where the police did not come to the site of the accident)
- Determination of liability
- Inventory of all relevant insurance policies
- Gathering of statements from all witnesses
- Review of medical records and doctors' prognosis for expected future medical needs such as corrective surgery down the road
- Discussion with a client and his or her family as to how the injury (or death of a passenger) has changed the quality of life and its long-term impact on the affected individuals)
Detailed investigation into these and other pertinent facts will help your attorney advise you as to whether you are likely to get the compensation you need through settlement negotiations — or whether litigation including a possible court trial may be necessary. ROBINSON & CLAPHAM is a litigation law firm. Our trial attorneys are ready to take cases to court if settlement offers do not reasonably compensate your injuries.
Contact ROBINSON & CLAPHAM · Personal Injury Attorneys
Contact our Providence law office to schedule a consultation with an experienced attorney regarding compensation for an injured passenger. We are available evenings and weekends by appointment. We represent injured people on a contingency basis.
