Being injured as a passenger in a car accident can be stressful and confusing. However, you have certain legal rights that enable you to pursue compensation for any damages you suffered as a result of a crash. At Johnson and Taylor, our car accident attorneys help injured passengers throughout Oregon understand their rights and options. We believe that it’s important for injured victims to know their rights under the law so they can better understand how car accident lawsuits and claims work.
You Have a Right to Seek Compensation for Damages
Regardless of who was at fault, the PIP coverage on your driver’s policy should cover your medical bills and a portion of your lost wages. If your medical bills exceed the amount of PIP coverage on their policy, you may be able to use PIP benefits through your own auto insurance if you have it.
If you’re hurt as a passenger in a car accident, you can pursue compensation from the at-fault driver, whether it was the driver of your car or that of another car, for damages such as medical expenses, wage loss, pain and suffering, and other accident-related damages.
Determining Fault in a Car Accident
Determining who’s at fault for a crash is essential in car accident claims. If liability for the accident is obvious, the negligent party may easily accept responsibility for damages. However, if liability isn’t clear or both drivers are partially at fault, your car accident lawyer will likely advise you to file claims against all potentially negligent parties. They will conduct a thorough investigation to determine who is at fault and help you pursue every possible avenue of compensation.
What if the Driver is a Loved One?
If the person driving is a friend or family member, an injured passenger may be hesitant to file a claim. However, it’s vital to remember that you are not bringing a claim against the person, but their auto insurance company. The purpose of your loved one paying for insurance is to ensure that if someone is hurt in an accident, their insurer will provide compensation for any damages they incur.
Insurance issues can be tricky to sort out, especially in cases involving multi-car accidents. Dealing with multiple insurers can sap your time and energy when you’re trying to focus on healing. An experienced car accident lawyer can advise you on the best path forward to maximize the compensation you receive and handle all negotiations with insurers.
What is Subrogation?
If you file a claim for compensation from an at-fault driver’s insurer, the settlement you receive may be subject to subrogation in certain cases. This means that the insurance company that paid your PIP benefits may be able to recoup some of their money from any award you receive from the at-fault party’s insurer. However, your car accident lawyer may be able to negotiate a subrogation claim so that you can keep more of your car accident settlement or award.
What to Do If You’re Injured as a Passenger in a Car Accident
Knowing your rights and taking certain steps after a car accident can empower you throughout the claims process. If possible, gather evidence such as photos of vehicle damage, your injuries, and the scene. Get contact and insurance information from other drivers and the names and phone numbers of any witnesses. If available, obtain a copy of the police report at the scene as well.
It’s also critical to seek medical attention as soon as possible. Going to the emergency room or seeing your doctor ensures your injuries are properly diagnosed and treated. Medical records provide essential documentation of your injuries, which you’ll need for insurance claims or car accident lawsuits. If any insurance adjusters contact you, do not sign anything or accept a settlement offer without speaking to an Oregon car accident lawyer first.
Contact an Auto Accident Attorney in Oregon
If you’ve been hurt as a passenger in a car accident, an experienced personal injury attorney can evaluate your case, explain your rights, and advise you on the best course of action for recovering compensation.
Our car accident lawyers give you a straightforward assessment of your case and the potential value of your claim. Our attorneys tell you what you need to hear, not just what you want to hear, and won’t waste your time with empty promises of huge settlements.
In addition to litigating auto accident cases, our team handles probate & estate planning and divorce and family law matters. Our personal injury attorneys serve clients in Salem, Eugene, Bend, the Oregon Coast, Medford, and throughout the state of Oregon.
Schedule a Free Consultation with a Car Accident Attorney in Salem, Oregon
At Johnson and Taylor, we know that as an injured passenger in a car accident, you may be unsure of where to turn or what to do next. Our team is here to offer legal guidance and protect your rights. To schedule a free consultation with a car accident attorney in Salem, OR, contact us online or call 503-990-6641. We can meet with you at home, by phone, or via Zoom if your condition makes it difficult to travel.