A Wakefield Personal Injury Attorney Discusses Injured Passengers

Passengers riding in a vehicle involved in a crash often sustain greater injuries than the driver. The driver typically has some momentary awareness just before the impact to brace themselves that the passenger seldom has. A Wakefield personal injury attorney can explain how to receive compensation as an injured passenger.

Insurance Options

Many people believe that as an injured passenger they can seek recovery only from the insurance company of the driver responsible for the accident. However, a Wakefield personal injury lawyer indicates that based on the circumstances, a claim may be filed against:

  • The insurance of the driver of the other car
  • The insurance of the driver of the car the passenger was riding
  • The passenger's own insurance

Despite the option of recovering from more than one source, a Wakefield personal injury attorney cautions that the total recovery cannot exceed the passenger's damages.

Limits of Insurance

In a clear case of the liability of one driver who has sufficient policy limits to cover all damages, a Wakefield personal injury attorney would file the claim against only that party. However, where liability is shared or the responsible party is under-insured or uninsured, the injured passenger will need to look to a secondary option, which may involve a claim against the policy of the driver of the car the passenger was in. One caution a Wakefield personal injury lawyer will suggest is that under some policies, if the passenger is a relative living with the driver of the car they were riding in, they may be excluded from filing a claim under the liability coverage of that policy.

The Passenger's Own Insurance

A passenger may also file a claim under the medical payment coverage of their own policy, but as a Wakefield personal injury attorney understands, this does not cover other damages such as lost wages, pain and suffering or any other losses but medical expenses.

Contact a Wakefield Injured Passenger Lawyer for Legal Advice

The insurance issues regarding injured passengers can be confusing. Be certain you fully understand your rights. Call Robinson & Clapham, a Wakefield personal injury attorney team, at (401) 400-3841 or (401) 594-4365.