Passengers who sustain injuries due to the negligent actions of another driver need to have a clear path to recovering compensation for their injuries. Unfortunately, it can get confusing as to who will face an insurance claim or lawsuit if a passenger sustains an injury. Here, we want to discuss the possibility of passengers filing a lawsuit against other parties to recover compensation after a car accident occurs.
Recovering Compensation Through an Insurance Settlement
The vast majority of vehicle accident claims will reach a resolution through an insurance settlement. This includes claims made by drivers as well as claims made by passengers who sustain injuries or property damage in the incident.
The most challenging part of the process of recovering compensation for passengers is determining which insurance carrier to file a claim with. Just like any other incident, fault will need to be determined in order to figure out which negligent party owes compensation to any injured passenger. In general, the injured passenger will file a claim with the insurance carrier of the driver they were riding with. The insurance carriers for all parties involved will then determine fault and determine which carrier should be responsible for paying the passenger’s medical bills and property damage expenses.
This process can get complicated, and it may be necessary for an injured pedestrian to work with a skilled Philadelphia car accident lawyer who can examine their situation and step in to help them recover compensation for their losses. Additionally, there are times when insurance carriers refuse to offer a fair settlement amount, which can present major problems as pedestrians work to recover the compensation they need.
Filing a Lawsuit to Recover Compensation
In the event the insurance carriers refuse to offer a fair settlement, or if the carriers cannot agree as to who should pay compensation to an injured passenger, it may be necessary for the passenger to file a personal injury lawsuit against the at-fault driver. This can include a lawsuit against the driver and insurance carrier of the passenger’s vehicle or another driver and insurance carrier altogether.
Pennsylvania personal injury lawsuits must be filed within two years from the date and incident occurred, so a passenger has a two-year window to file a lawsuit against the alleged negligent driver. We know that passengers often struggle when filing a lawsuit, particularly if it is against a driver they know. However, we encourage passengers not to think about the lawsuit being against an acquaintance or family member but rather against the insurance carrier in order to recover compensation.
Ultimately, passengers need compensation for their losses. If another party was responsible for causing the injuries, the most important aspect of this process is recovering compensation so the passenger can make a full recovery. Deciding to pass on filing a lawsuit could be detrimental, particularly for a person’s long-term health needs.
The process of filing a lawsuit after a car accident in Pennsylvania can be challenging. An attorney can help a passenger throughout this entire process. A lawyer will fully investigate the claim and handle all communication with the other parties involved.