What are Your Rights as a Passenger Injured in a Car Accident?
We often hear drivers collecting compensation for their injuries following a crash, but not about passengers’ rights. As a passenger in a car accident, you have the right to be assessed by emergency personnel and to hear back from insurance in a certain time frame after filing a claim. Additionally, you can be fairly compensated for medical bills, lost wages, and other out-of-pocket costs.
In this blog, our personal injury lawyers discuss the Commonwealth’s forms of insurance coverage and the damages you may be entitled to as a passenger in a car wreck.
Right to a Medical Evaluation
All vehicle occupants, drivers and passengers alike, can be assessed by emergency personnel. If the paramedics determine that your injuries warrant a physician’s examination, then you should listen. By receiving medical attention immediately, the other party cannot later argue that your injuries are unrelated to the crash.
Right to Hear Back from Insurance on Time
The claims process for a passenger is no different than that filed for a driver, with insurance companies required by law to adhere to strict deadlines. Passengers should collect evidence from the accident and provide proof of damage (e.g., lost wages and medical expenses) to support their claim.
Upon receiving proof of loss, insurance companies in the Commonwealth only have 30 days to accept or deny a claim. If a claims adjuster needs more time, he or she must specify the reason for the delay and when you can expect to hear a final decision.
Right to Compensation
Pennsylvania is a no-fault state, meaning each driver’s respective insurance company will be responsible for paying damages. Pennsylvania insurance companies must give motorists two coverage options: “Limited Tort” and “Full Tort” coverage. As a passenger, you can file a bodily injury claim under your driver’s auto insurer.
If your driver has “Limited Tort” coverage, you can only recover compensation for economic losses or expenses that directly took money away from you. This would include lost wages and medical expenses. Noneconomic losses are those subjective losses that impact your quality of life and would only be included if you sustain a “serious injury.” Under Pennsylvania law, a serious injury would include disfigurement, amputation, or loss of use of a limb or organ.
Other exceptions to “Limited Tort” coverage would include the following scenarios:
- You were a passenger in a commercial vehicle
- If you were a passenger on a motorcycle
- The at-fault driver was convicted of a DUI
- If the at-fault driver was uninsured
- The at-fault driver was driving a vehicle registered outside of Pennsylvania
In contrast, “Full Tort” coverage would cover economic and noneconomic losses. However, given the expense of this type of coverage, most drivers elect the “Limited Tort” policy option.
Guidance from Our Knowledgeable Personal Injury Attorneys
At Mette Attorneys at Law, we understand the struggles of trying to recover from a car accident physically. Sadly, passengers have no control over an auto accident but are forced to deal with the physical, emotional, and financial consequences of a motorist’s poor judgment.
You should never bear the costs caused by another driver’s negligence. Our personal injury lawyers will review the facts of your crash to determine liability and how to get you the greatest compensation. To arrange your free consultation to learn what we can do for you, contact us online or by calling (717) 231-5219 today.