Can A Passenger Injured In A Car Accident Sue In Bowling Green?
February 6, 2024
Accidents can happen anywhere, and being involved as a passenger can be particularly distressing. If you find yourself injured in a Bowling Green auto accident while riding as a passenger, you may be wondering about your legal options. We will explore the factors that may influence your ability to seek damages and the steps you can take after a car accident to protect your health and legal rights.
If you’ve been injured as a passenger, contact a car accident lawyer Bowling Green, KY has trusted for over 35 years. Our firm can help you recover every dollar you’re entitled to.
Call us today for a free consultation.
800-800-4600
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What to consider when injured as a passenger in a car accident
As a passenger injured in a wreck in Bowling Green, there are a few things to consider so that you can understand your options.
- How many drivers were involved in the crash
- Insurance options that injured passengers have available to them
- Who can be held liable for passenger injuries
- Which drivers are at fault for the collision, and by what percentage
- Damages an injured passenger can recover compensation for
- What a passenger who has been injured can do to protect their legal rights
Types of passenger injury wrecks
If you were a passenger involved in a car accident while someone else was driving in Bowling Green, you will likely encounter one of two scenarios:
- You were injured in a single-car accident (no other vehicles were involved), or,
- You were injured in a multi-car accident (more than one vehicle was involved)
In both scenarios, it’s important to have a solid understanding of Kentucky’s insurance requirements. This knowledge is key because your compensation for injuries depends on the insurance coverage of either the driver of the car you were in, the other driver(s), or your own auto insurance. Being well-informed about these details is essential to ensuring fair and adequate compensation.
Insurance Coverage Available to Passengers in Kentucky
Kentucky is a no-fault insurance state, meaning that your insurance typically covers your medical expenses and related costs, regardless of who was at fault. However, additional compensation might be required, especially when serious injuries are involved.
Personal Injury Protection (PIP) is insurance coverage that compensates for medical expenses, lost wages and other financial losses resulting from an injury, regardless of who was at fault in the accident. PIP provides a quick and efficient means for individuals to receive compensation for medical expenses and other losses from auto accidents. Understanding the specific terms and coverage limits of PIP is essential for making insurance claims as a passenger.
If another driver’s negligence caused the accident, you may be able to file a claim against their insurance policy as well.
Who Can Be Held Liable for a Passenger Injuries?
In a passenger injury claim or car accident lawsuit, various parties can be held accountable for the injuries sustained.
The driver of the vehicle where the passenger was injured may be liable, and while it might feel odd to file against a family member or friend, the driver’s insurance company is typically responsible for compensation. Pursuing an injury claim against the driver may be necessary in some cases to ensure proper compensation.
Other at-fault drivers in the accident can also be pursued in a personal injury claim.
The vehicle owner(s) may be liable, even if they weren’t present during the crash.
Your own insurance company may be responsible for compensation through no-fault insurance coverage.
If complications arise, an experienced personal injury attorney can help navigate and ensure accountability from all responsible parties. If you have questions about liability as a passenger, contact one of our experienced Bowling Green car accident lawyers today.
Filing a Third-Party Liability Insurance Claim
A third-party insurance claim involves seeking compensation for injuries or damages caused by another party’s actions. In this situation, the individual making the claim (the passenger), known as the “third party,” is not the policyholder but has been adversely affected by the policyholder’s actions (the driver, or drivers).
Who was at fault can impact how an injured passenger gets compensated in Bowling Green
I was a passenger in a car accident and the driver was at fault
If the driver of the car you were in is found to be at fault for an accident, you can file an insurance claim using their no-fault coverage, as drivers typically have insurance to protect their passengers.
This coverage can help cover your medical expenses, including:
- Lost wages (up to the applicable limit)
- Other injury-related costs
For instance, if you were a passenger in a collision where the driver of your vehicle was responsible for the accident, and you suffered injuries like whiplash and a broken arm, you would file a third-party insurance claim against the driver’s insurance policy.
I was a passenger in a car accident and the other driver was at fault
If you were injured in Bowling Green, and the other driver is deemed at fault, your third-party insurance claims would be directed to the at-fault driver’s insurance company. For instance, if the car you were in was rear-ended, you can likely file a third-party claim with the other driver’s insurer.
In cases involving a drunk driver, you may pursue compensation from the driver, their insurance, and even the establishment that served them under Kentucky Dram shop laws. If the car you were in was the victim of a hit-and-run, you can seek a claim through your insurance or the motor vehicle coverage of the driver of the car you were in.
I was a passenger in a car accident and multiple drivers were found to be at fault
Kentucky employs a pure comparative fault law, assigning drivers a percentage of fault in a car crash. This means multiple drivers can share fault; for instance, if the vehicle you were in held some responsibility in a sideswipe accident in Bowling Green, both drivers may be liable for your compensation as a passenger through a third-party claim.
Each driver must carry a minimum of $10,000 Personal Injury Protection (PIP) coverage, potentially leading multiple insurance companies to be responsible for compensating your injuries based on the percentage of fault they hold. In the event of a multi-vehicle pile-up, the situation’s complexity intensifies when seeking compensation as a passenger.
Can an injured passenger recover damages from an injury lawsuit in Bowling Green?
No-fault coverage is a helpful resource for compensating passengers for injuries sustained in a car crash. Nevertheless, in cases like a Bowling Green T-bone collision, where a passenger may suffer more severe injuries than the driver, medical bills and other expenses might exceed what no-fault coverage provides. In such circumstances, a passenger must meet certain criteria to initiate a personal injury lawsuit.
One or more of the following criteria must be met under Kentucky law to file a personal injury claim:
- $1,000 in medical costs
- A broken bone
- Permanent injury or disfigurement
- Death (this includes bringing a wrongful death claim on behalf of a victim who has died as a result of the accident)
If any of these conditions are met or surpassed, you have the option to file an injury claim against the party or parties responsible. Should you meet any of these criteria, your first step should be to contact an experienced Bowling Green car accident attorney who can help by taking over communications with insurance companies and negotiating a fair settlement on your behalf. This ensures that you receive the highest possible compensation for your injuries.
According to Kentucky law, you are required to file a claim within one year from the date of the accident, known as the statute of limitations. Failure to meet this deadline will result in being unable to seek compensation, closing the door for an injury claim. Let an experienced auto accident attorney in Bowling Green ensure that all deadlines are met.
Our team is available to help 24/7. Call, chat, or fill out a form and we can talk through your situation and help you understand the best course of action. We offer a free consultation, and there is never any obligation. It’s best to understand your rights from a skilled accident injury firm before dealing with the insurance company.
How much money can a passenger in a car accident get?
As an injured passenger in a Bowling Green car accident, you have the right to pursue compensation from any potential at-fault parties involved in the crash. Passengers share many of the same legal rights as the driver. However, the compensation a passenger injured in a Kentucky car crash may be entitled to will depend on several factors, which an experienced injury accident lawyer can handle. In most claims, it will come down to what damages the individual suffered as a result of the crash, what insurance is available, and the settlement negotiations involved in a claim.
Damages a passenger injured in a Bowling Green crash can recover include:
- Lost wages (including future lost wages)
- Property damage (for any of your property was damaged in the crash)
- Medical bills
- Pain and suffering
A Bowling Green attorney for car accidents can manage the entire process, from the beginning to the settlement, and hold those responsible accountable for their negligence. They will collect witness statements, negotiate with the insurance adjusters, make sure you get the necessary medical treatment, and file the initial claim for you.
At Hughes & Coleman Injury Lawyers, our team will fight for the most compensation possible so that you can focus on getting better. The best way to find out how much you may be entitled to is to give us a call to discuss your situation.
What to do as a passenger after a car accident in Bowling Green, KY
- Assess Safety:
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- Ensure safety from further harm.
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- If possible, move to a safe location away from traffic.
- Call Emergency Services:
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- Dial 911 for immediate medical assistance and police intervention.
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- Provide accurate details about the accident and any injuries.
- Exchange Information:
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- Obtain the names, addresses, and insurance information of all parties involved.
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- Collect contact details from witnesses.
- Seek Medical Attention:
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- Accept medical assistance at the scene, even if injuries seem minor.
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- If not taken to the hospital immediately, see a healthcare professional as soon as possible.
- Document the Scene:
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- Take photos to document the accident scene, including damage to vehicles and any relevant road signs or signals.
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- Record the weather and road conditions.
- Seek Medical Attention:
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- Accept medical assistance at the scene, even if injuries seem minor.
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- If not taken to the hospital immediately, see a healthcare professional as soon as possible.
- Police Report:
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- Ensure the police are called to the scene to file a report.
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- Obtain a copy or file a Bowling Green police report for your records and for any injury claims you may pursue.
- Notify Insurance Company:
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- Contact your insurance company to report the accident and provide the necessary details, but do not admit fault (yes, it is rare, but passengers can be found at fault in a crash).
- Seek Legal Advice:
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- Consult a personal injury attorney to understand your rights and potential legal actions.
Our Bowling Green car accident attorneys help injured passengers
If you’re considering filing a lawsuit after being injured in a Bowling Green accident as a passenger, it’s crucial to consult with an experienced personal injury attorney. They can assess the details of your case, navigate the complexities of Kentucky’s legal system, and help you understand your options. Remember, seeking legal advice quickly ensures you can make informed decisions to protect your rights and well-being.
Call Hughes & Coleman Injury Lawyers today for a free case evaluation, and let our team help you through this difficult time. We’re here for you 24/7.
CALL NOW
800-800-4600
Get it done.