What Are the Rights of an Injured Passenger?
If you get into a car accident, you may wonder who is responsible for paying your medical bills and other related costs. If you were a passenger and not a driver in the car crash, you have the right to seek financial compensation through one or both drivers’ insurance companies. You may also have the right to file an injury lawsuit if you meet the parameters of Massachusetts’ modified no-fault law.
Filing or Joining an Insurance Claim
As a passenger, you have no responsibility for the safe operation of the vehicle. You do, however, still have the right to file an insurance claim against one or more parties if you get injured in a car accident. In fact, it is often easier to obtain financial compensation as a passenger than as a driver in Massachusetts. This is because you are not one of the parties questioned for liability.
Your first outlet for financial recovery is an insurance claim filed with the company of the person who was driving the vehicle in which you were riding. Massachusetts is a no-fault insurance state, meaning each driver will seek financial compensation from their own insurance provider, regardless of fault. There is an exception, however, for accidents that cause serious injuries.
As a passenger, you will file an insurance claim as if you are a not-at-fault driver. This means you will file your claim with the insurance company of the person driving your vehicle, in most cases. You do not need to prove fault to be eligible for insurance benefits for your medical bills and other losses. Under Massachusetts’ insurance law, the driver is financially responsible for your damages, regardless of fault.
Bringing a Personal Injury Lawsuit
If your injuries are serious enough, you may qualify to file a personal injury lawsuit as an injured passenger in Massachusetts. A lawsuit holds the driver or party that caused the car accident financially responsible. You may only file a car accident lawsuit in Massachusetts if your injuries meet the state’s serious injury threshold.
The threshold is an injury that incurs more than $2,000 in reasonable and necessary medical expenses, including surgeries, ambulance fees, x-rays, prosthetic devices and funeral expenses. Injuries that cause loss of sight or hearing, permanent and serious disfigurement, bone fractures, or deaths also meet the serious injury threshold.
If you have grounds to file a car incident lawsuit as an injured passenger, you will bring your claim with the insurance company of the at-fault driver. This may be the driver of your vehicle or the other driver. You may also have grounds to hold another party responsible, such as a vehicle manufacturer, depending on the case.
Possible Issues You Could Encounter With a Passenger Injury Claim
Most passenger injury claims are straightforward, as they do not involve questions of the passenger’s liability. In some circumstances, however, you may encounter issues or obstacles that interfere with your ability to recover, such as:
- No insurance coverage available. If neither driver has car insurance, you can file a claim with your own auto insurance provider. You may also be able to file a lawsuit against a third party that is not one of the drivers.
- Multiple passengers injured. With multiple passengers injured, one driver’s insurance alone may not provide enough coverage. In this case, you could receive additional compensation from the other driver’s insurer.
- Being caught in a liability dispute. If the two drivers’ insurance carriers cannot agree on liability, you may get caught in the middle of a dispute. This could draw out the timeline of your claim and make you wait longer for a settlement.
If you have been injured in a car accident in Massachusetts as a passenger, contact a car accident lawyer for more information and assistance with your claim.