PASSENGER INJURY CLAIMS

When you are hurt in a car accident while riding as a passenger, you have options and often more options than if you were driving the car. Here’s why.

Two Insurance Policies to Recover From:

(1). When you are hurt as the passenger in a car, you often, unless you grab the wheel, are completely innocent and not at fault. You can also possibly recover from two different insurance carriers for your injuries. The first carrier is the driver’s insurance carrier who was most at-fault. The second insurance carrier is from the other car in the accident. For example, you are a passenger in a car making a left-hand turn. While turning, the driver of your car fails to yield while turning left, causing a collision. Facts depending, the driver turning left is at least 51 percent at fault. But his actions leave the driver of the oncoming traffic with some fault to bear. So you can recover 51 percent of your damages from the driver of your car and the remaining 49 percent of your damages from the driver of the oncoming traffic. You have two different liability car insurance policies to recover from. First, the driver of the car you are in. Second, the other car involved in the collision.

Two Different PIP Policies to Recover From:

(2). When you are a passenger involved in a car accident, you will often have two different Personal Injury Protection (“PIP”) policies to recover from. PIP coverage is mandatory on every Utah car insurance policy and pays the first $3,000 in medical bills, among other things, that are reasonably related to a car accident regardless of who is at fault.

In the passenger injury claim situation, you first recover from the primary PIP policy, which is the car you are in. After exhausting that PIP policy, you turn to your own car insurance to recover under it’s PIP provisions. Your own car insurance policy applies to the passenger injury claim case, even though you were not in your own car, or driving because PIP applies whenever you are hurt by a car.

Bottom line, when hurt as a passenger, you can possibly recover from two different PIP policies and a good personal injury attorney will be looking for all applicable insurance policies to provide coverage for your injuries.

You are Never at Fault:

When you are hurt as a passenger, proving fault is never a problem. You are never at-fault as the innocent passenger in a car that runs off the road, or is hit by another car, even if the car runs into an Elk. Unless you grab the steering wheel in a state of drunkeness, causing the car to veer off the road, you will not be at fault. At this point, it is just a matter of apportioning fault to the drivers of the other vehicles who were involved in the car accident.

Involved in a Passenger Injury Claim?

If you are hurt as a passenger on a bus, car, or on a motorcycle, call attorney Jacob S. Gunter for a free consultation to discuss how to receive compensation for your injuries. (801) 373-6345.