What To Do When You’re the Passenger in an Auto Accident in Mississippi
Being a passenger in a car accident can be a scary experience. In addition to being injured, it’s easy to be confused about what your rights are. Below we discuss what to do when you’re a passenger in an auto accident.
Can I Seek Compensation as a Passenger in a Car Accident
If you’re a passenger in a car accident and you get hurt, you may be able to seek financial compensation for your damages. Even if the driver of your vehicle is the one at fault for the accident, this is still true.
As a passenger in a car accident, you have the right to seek and recover compensation for your injuries, medical treatment, lost wages, and other damages. In many cases, you can file a claim with the at-fault driver’s insurance company to avoid suing them. This may be important to you if they are a friend or family member.
How Do I Prove Negligence as an Injured Passenger in a Car Accident?
There are four factors to consider in proving a driver’s negligence and holding them liable for the accident:
- The driver was obligated to follow specific traffic laws.
- The driver failed to fulfill that obligation.
- This negligence caused the accident.
- You suffered injuries and expenses because of the collision.
By demonstrating that the at-fault driver acted carelessly or recklessly, you may be able to confirm they caused the accident and hold them responsible.
What Damages Can I Recover as a Passenger in a Car Accident?
An injured passenger can file for the same damages as an injured driver, with a few exceptions. In most cases, the passenger does not require a rental car or car repairs. However, they can recover money for damages to the property they had with them at the time of the accident, such as broken glasses.
The expenses and damages could include:
- Medical expenses
- Future medical needs for long-term injuries
- Lost wages and diminished ability to earn
- Related expenses
- Pain and suffering
- Other intangible damages
A personal injury attorney can help determine what you are entitled to as a passenger in a motor vehicle accident. Schedule a free consultation with a car accident lawyer at Richard Schwartz & Associates Personal Injury Lawyers to discuss the details of your car wreck.
What Evidence Does a Passenger Need to Build a Case Against the At-Fault Driver?
After being involved in a car wreck, you will want to build a personal injury claim against the driver responsible for the accident. You will also notify your insurance company because filing an MP/PIP (medical payments and personal injury protection) claim might be necessary.
As the passenger in the accident, it is your responsibility to provide the insurance company with the right set of information that will help expedite the process. To do this, you must investigate what happened and how your injuries occurred. You will also want evidence that proves the other driver’s negligence, such as:
- The written accident report filed by the police
- Eyewitness statements
- Insurance information of all drivers
- Video of the collision (if available)
- Photos from the scene
- Accident reconstruction performed by experts
- Medical consultation and relevant medical records
- Evidence of your losses and expenses
A personal injury attorney will use their financial resources and experience with similar cases to help you get the compensation you deserve.
What Are the Steps in the Claims Process After a Mississippi Car Accident?
Below are the typical steps to file a claim when you’re a passenger in a motor vehicle accident:
- File an insurance claim using the at-fault driver’s liability policy.
- Support the claim with evidence.
- Demand a fair payout.
- Negotiate the settlement.
In many cases, when you are a passenger, the driver is a friend or family member. However, it is unlikely that you will need to sue them and go through a trial or demand compensation from them. Responsible individuals have insurance for accidents like these. It covers the medical and other expenses of innocent accident victims like you.
How Can an Experienced Car Accident Attorney Help?
Personal injury attorneys can gather evidence, ensure you get the medical care you need to recover from the accident, and help you recover compensation for your losses. Your car accident lawyer will also talk to the insurance company for you and handle the negotiations. If an insurance company is unwilling to pay, your attorney will file an appropriate lawsuit for compensation from the insurance company.
Why Choose Richard Schwartz & Associates Personal Injury Lawyers?
At Richard Schwartz & Associates Personal Injury Lawyers, P.A., we have over 40 years of experience helping passengers involved in auto accidents. We know the laws in Mississippi and how they pertain to each situation—ensuring timely compensation. We also defend the interests of the passengers while offering the necessary legal representation in a possible lawsuit where the driver at fault is not appropriately insured as required by law. Our dedication ensures that the passenger is compensated adequately for bodily and property damages.
Consults Are Free
Schedule a free case review with one of our experienced car accident lawyers today! If we don’t win, you don’t pay.