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I Was A Passenger in a Car Accident. Can I Sue For My Injuries?

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If you’ve been injured as a passenger in an automobile accident, you are still entitled to fair compensation for your expenses and losses resulting from the accident. Here, we explain some of the ways you can go about receiving compensation for your injuries. If you’re in the Tennessee area and need help making a claim, contact your local Chattanooga personal injury lawyer at McMahan Law Firm for assistance.

Third Party Claims

As a passenger that’s been injured in a car accident, you can receive compensation for your injuries and non-medical losses by filing a third party claim. Third party claims are those made against insurance policies other than your own. In this case, you can file a claim against the policy of the driver or owner of the vehicle you were riding in as a passenger, or you can make a claim against the policy of the driver or owner of the other vehicle involved in the accident.

If one of these policies does not provide enough compensation for your losses, however, you do also have the option of making multiple claims. In this event, you file claims with the insurance companies of both vehicle drivers or owners. This is possible as long as you do not double dip; in other words, the total compensation amount you receive from both companies cannot exceed the amount your claim is worth.

Medical Payments Insurance or “MedPay”

In the event that you need coverage for your medical bills before you receive compensation from the third party insurance companies, you can file for med pay through your own automobile insurance company. If MedPay is included in your insurance policy, the processing is much quicker since it is not determined by who was at fault for the accident. If your policy does not include MedPay or the amount is not enough to cover your medical bills, you can also try making a claim to receive MedPay from the policy of the driver or owner of the vehicle you were riding in at the time of the accident.

There are limitations to MedPay policies, however. MedPay only compensates for medical expenses; it does not compensate for pain and suffering, lost income, or other expenses that resulted from the accident. Additionally, MedPay does not provide unlimited coverage for your medical bills. Rather, the limits for medical coverage are usually fairly low; a standard MedPay policy may cover only $10,000 worth of medical bills.

Additional Factors to Consider

Unfortunately, there are additional factors to consider when filing a personal injury claim as a passenger. If you are related to or live in the same household as the driver or owner of the car in which you were a passenger, you are probably considered to be insured under their insurance policy. It is not possible to pursue liability claims against an insurance policy that covers you; therefore, it is unlikely that you will be able to make a claim under the driver’s insurance policy.

Contact a Chattanooga Personal Injury Lawyer

Understanding all the factors while juggling medical bills, negotiations with insurance companies and the vehicle drivers can be confusing and complicated. This is where your local Chattanooga personal injury lawyer at McMahan Law Firm can come to your aid and help you receive fair compensation for your losses.

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