Do You Have a Claim If You Were Injured as a Passenger in PA?
Suffering an injury in a car accident is stressful—going through it as a passenger can be even more complicated. As a passenger, you don’t know what type of insurance either driver has or who’s at fault. While both parties are represented by their own insurance companies, you may feel like you fall somewhere in the middle. Neither insurance company is going to be in a rush to pay for the injuries you’ve sustained.
As an injured passenger, it may be time to talk to an accident lawyer in Pennsylvania about your options. We’re here to help you fight for the compensation you are owed. Call Carmody and Ging, Injury & Accident Lawyers now.
An overview of passenger injury claims in Pennsylvania
To understand your legal rights as a passenger in Pennsylvania, it’s important to understand how Pennsylvania’s car insurance system works. It’s significantly different from how insurance works in most states. Drivers can choose between tort and limited tort insurance. Full tort insurance retains a driver’s right to sue for pain and suffering. Limited tort insurance limits your ability to sue an at-fault driver. In many cases, the vehicle owner’s medical benefits coverage (first-party benefits) will initially cover injuries to the driver and passengers. However, additional compensation may be available depending on fault and the injured person’s tort selection.
How passengers can seek compensation
Your legal options may be affected if you have your own auto insurance policy, particularly if you selected limited tort coverage. However, many passengers do not have their own insurance and may still retain full rights to sue the at-fault party. Since Pennsylvania is a choice no-fault state, each driver’s or passenger’s own insurance is their first source of coverage. The state requires first-party medical benefits coverage, so injured parties typically turn to their own (or the vehicle owner’s) insurance for initial medical payments, regardless of fault. However, Pennsylvania also permits lawsuits against at-fault drivers under certain conditions.
If you have your own auto insurance policy, the tort option you selected may affect your ability to sue for pain and suffering. However, if you are not covered by any policy — such as when you don’t own a vehicle — Pennsylvania law considers you to have full tort rights.
Regardless of your ability to sue, your injuries should be covered by the medical benefits coverage of the driver of the vehicle you were in. There are limits, though—under state law, a driver must have $5,000 of medical coverage for themselves and others covered by their policy.
As you can see, Pennsylvania’s car insurance system can be complicated and difficult to navigate. If you’re unsure about your rights as a passenger and how you can pursue compensation, talking to an attorney may be in your best interest.
What if the driver of the vehicle you were in caused the crash?
Passengers can get caught in an uncomfortable position if the driver of the vehicle they were in caused the crash. They have injuries they need to get treated, but they often worry that seeking compensation can put their friend or family member in a tough financial position. However, it’s important to remember that you aren’t actually taking money from your loved one if you seek compensation from their insurance company after a crash they caused. In the vast majority of personal injury claims, all compensation that gets paid out is paid by the at-fault driver’s insurance—not the driver themselves. When a driver causes a collision, their insurance will likely cost more at their next renewal time. If that happens, though, it isn’t your fault; it’s part of having vehicle insurance. You should not sacrifice your own physical wellbeing and health after a car accident.
Compensation beyond basic medical costs
If you are able to go above and beyond the basic coverage, you may be able to get compensation for other losses related to your accident. For example, if you lose out on any income due to the accident, a fair settlement may allow you to recoup that loss. The same is true if your injury is serious enough to permanently impact your ability to work—you deserve to be compensated for such a significant loss. Pain and suffering is another crucial component of many personal injury claims. You can talk to your car accident lawyer about recovering compensation for physical pain, mental trauma, and loss of enjoyment of life.
When do you need to talk to an attorney?
Ideally, your quest to seek compensation will be quick and easy. The at-fault driver’s insurance company (or even your own medical benefits coverage) will kick in, pay a fair amount for the injuries you’ve sustained, and allow you to focus on your recovery. Unfortunately, that’s not always how it works out.
If you file a claim to receive compensation from medical benefits coverage, the insurance company may undervalue your claim. This can leave you on the hook for the rest of your medical expenses, and for most people, that means draining savings accounts and putting bills on credit cards. You shouldn’t have to shoulder that expense alone.
You should also talk to a personal injury attorney in Pennsylvania if liability is in dispute. In some cases, liability is obvious—consider most rear-end accidents. In more complex cases, insurance companies may struggle to come to an agreement. When you don’t know who is to blame for an accident, you don’t know who to sue for compensation. Hiring your own attorney means that you have an advocate who is acting in your best interests, not the drivers involved in the crash.
Reach out to Carmody and Ging—we’re here to help
If you’ve been injured as a passenger in a Pennsylvania car accident and you’re not sure what you should do next, find out how the team at Carmody and Ging, Injury & Accident Lawyers can help you. We’re committed to helping you fight for the compensation you’re owed after a crash. Contact us online or call our Pittsburgh office to explore your legal options now.