If you were a passenger in a car accident, you may be wondering what rights you have to recover compensation for your injuries. While it’s clear that drivers can file claims after an accident, many passengers are unsure whether they have the same legal options. The answer depends on the specific laws in your state, the severity of your injuries, and the type of insurance coverage available.
In most cases, passengers are entitled to file a claim for their injuries — even in a no-fault system. However, the process for filing a claim or lawsuit as a passenger can be confusing. We’ll explain your legal rights as a passenger in a no-fault car accident, how to seek compensation, and how a Wright Gray Harris attorney can help you recover the maximum payout for your injuries.
Can Passengers Sue for Injuries in a No-Fault Car Accident?
Yes, passengers can sue for injuries sustained in a no-fault car accident, but the process may differ depending on the circumstances. In no-fault states, Personal Injury Protection (PIP) insurance is used to cover medical expenses and lost wages, regardless of who was at fault. Passengers can typically file a claim under the driver’s PIP policy or under their own insurance if they have coverage.
However, if your injuries are severe and meet the “serious injury” threshold defined by your state’s laws, you may have the right to file a lawsuit against the at-fault driver. This allows you to pursue compensation for pain and suffering, emotional distress, and other non-economic damages that are not covered by PIP.
In short, passengers have multiple options for compensation, which may include:
- Filing a PIP claim through the driver’s insurance policy.
- Filing a PIP claim through their own insurance policy (if applicable).
- Suing the at-fault driver if their injuries meet the serious injury threshold.
If you’re unsure which option is best for your case, a Wright Gray Harris attorney can review your situation and explain your legal rights.
How Does a No-Fault Insurance System Affect Passengers?
In no-fault states, every driver is required to carry Personal Injury Protection (PIP) insurance, which provides coverage for medical expenses, lost wages, and certain other costs. Unlike fault-based insurance systems, no-fault insurance allows passengers to recover compensation without having to prove who caused the accident.
For passengers, this means you can typically file a claim under the PIP policy of the driver of the car you were riding in. If you have your own auto insurance policy with PIP coverage, you may also be able to file a claim under your own policy.
However, PIP coverage is limited to certain types of damages. While it will cover your medical bills and lost wages, it does not compensate you for pain and suffering or emotional distress. To recover those damages, you’ll need to meet your state’s serious injury threshold and file a personal injury lawsuit against the at-fault driver.
Who Pays for Passenger Injuries After a No-Fault Accident?
Passengers injured in a no-fault accident may have multiple options for seeking compensation. Here’s a breakdown of the most common sources of payment:
- The Driver’s PIP Insurance: If you were riding in a friend’s or family member’s car, you can file a claim under their PIP policy. This coverage will pay for your medical bills, lost wages, and certain other expenses.
- Your Own PIP Insurance: If you have your own auto insurance policy with PIP coverage, you may be able to file a claim under your policy, even if you were riding in someone else’s car at the time of the accident.
- The At-Fault Driver’s Liability Insurance: If your injuries are severe and meet your state’s “serious injury” threshold, you can file a claim against the at-fault driver’s liability insurance to recover pain and suffering damages.
- Uninsured/Underinsured Motorist (UM/UIM) Coverage: If the at-fault driver does not have insurance or their policy limits are too low, you may be able to file a claim under your own UM/UIM policy.
With so many potential sources of compensation, navigating the claims process can be overwhelming. A Wright Gray Harris attorney can review your options, file claims on your behalf, and ensure you receive the maximum compensation available.
When Can a Passenger Sue for Additional Compensation?
While PIP insurance covers basic medical expenses and lost wages, it does not cover non-economic damages like pain and suffering. To recover these damages, you may need to file a personal injury lawsuit.
In most no-fault states, you can only sue for additional compensation if your injuries meet the serious injury threshold. Each state defines this threshold differently, but it often includes:
- Permanent disability or significant disfigurement
- Bone fractures or broken bones
- Severe head trauma, such as a traumatic brain injury (TBI)
- Permanent loss of an organ or bodily function
- Medical expenses exceeding a certain dollar amount
If you meet this threshold, you can file a lawsuit against the at-fault driver to recover compensation for pain and suffering, emotional distress, and future medical expenses. A Wright Gray Harris attorney can assess your injuries, determine if they meet the serious injury threshold, and file a lawsuit on your behalf.
How to File a Claim as a Passenger in a No-Fault Accident
If you’ve been injured as a passenger in a no-fault accident, here’s what you need to do to protect your rights and seek compensation:
- Seek Medical Attention: Your health comes first. Seek immediate medical treatment and document your injuries. Medical records will be essential for your claim.
- Report the Accident: Report the accident to the driver’s insurance company. If you have your own auto insurance with PIP coverage, report the accident to your insurer as well.
- Gather Evidence: Take photos of the accident scene, your injuries, and any damage to the vehicle. Collect witness statements if possible.
- File a PIP Claim: File a claim under the driver’s PIP policy or your own. Provide medical records, receipts, and proof of lost wages to support your claim.
- Consult With a Wright Gray Harris Attorney: If your claim is denied, delayed, or undervalued, or if you need to pursue a personal injury lawsuit, contact a Wright Gray Harris attorney.
An attorney can handle the entire claims process for you, from gathering evidence to negotiating with the insurance company.
Common Challenges Passengers Face in No-Fault Accident Claims
Passengers face unique challenges when pursuing compensation after a no-fault accident. These challenges include:
- Multiple Insurance Companies: Passengers may need to file claims with their own insurer, the driver’s insurer, and the at-fault driver’s insurer, making the process more complicated.
- Disputes Over Fault: If multiple drivers were involved in the crash, it can be difficult to determine which insurance company is responsible for paying your claim.
- Serious Injury Threshold: If you want to pursue pain and suffering compensation, you must meet your state’s serious injury threshold, which varies from state to state.
- Denials or Delays: Insurance companies often deny claims or delay payments, hoping you’ll accept a lower settlement.
A Wright Gray Harris attorney can handle these challenges for you, ensuring that you receive the compensation you deserve.
How a Wright Gray Harris Attorney Can Help You
Pursuing compensation as a passenger in a no-fault accident can be complicated, especially when dealing with multiple insurance companies. A Wright Gray Harris attorney can simplify the process and ensure you’re not shortchanged.
Here’s how we can help:
- File PIP Claims: We’ll file claims with all relevant insurance companies and ensure you receive the maximum PIP benefits available.
- Prove Eligibility for a Lawsuit: If your injuries meet the serious injury threshold, we’ll pursue a personal injury lawsuit to recover pain and suffering compensation.
- Negotiate a Fair Settlement: We’ll negotiate with insurance adjusters to ensure you receive a fair settlement, not a lowball offer.
- File a Lawsuit If Necessary: If a fair settlement can’t be reached, we’ll file a lawsuit and fight for you in court.
Contact Wright Gray Harris
If you were injured as a passenger in a no-fault car accident, you have the right to seek compensation for your injuries. Whether you’re filing a PIP claim or pursuing a personal injury lawsuit, the process can be complex.
At Wright Gray Harris, our experienced car accident attorneys will protect your rights, handle the claims process, and fight for maximum compensation. Call Wright Gray Harris today for a free consultation. We’ll review your case, explain your options, and help you recover the money you deserve.
Call now to schedule your free consultation.