do you have to have lawyer representation when being a passenger in an accident

by Dusty Toy 5 min read

The insurance companies may offer a settlement, and your attorney can help you evaluate the offers. However, it's often necessary to file a formal legal claim. An attorney for a passenger in a car accident helps with everything that is part of pursuing compensation.

Should I hire a lawyer after a car accident?

If you were in a vehicle at the time of an accident, you certainly want to seek medical attention. You'll want to hear a doctor clear you of any risk too. Once that has happened, it may become questionable to ask an attorney to help you pursue a claim.

Should I hire an attorney for a personal injury claim?

Enjuris tip: If no one was hurt or there was no damage, it may not be worthwhile pursuing a personal injury claim with an attorney.

Do strange things happen in a personal injury case?

(You can ask any insurance adjuster, and they'll tell you that strange things do indeed happen!) Enjuris tip: If no one was hurt or there was no damage, it may not be worthwhile pursuing a personal injury claim with an attorney.

image

What coverage would pay for the injuries to the passenger?

A passenger in a car accident is usually covered by the at-fault driver's bodily injury liability insurance and PIP. Depending on the circumstances, passengers in a car accident can file a claim with their driver's insurance company, the other driver's insurance provider, or their own personal insurer.

What do you need from the other person in an accident?

1| Contact Information. First things first – you need the other driver's name. Don't just go by the name on the insurance card – remember, the person driving the car might not be the same person listed on the insurance card.

What are my rights as a passenger in a car accident in Florida?

Your Rights Florida's laws allow passengers to recover compensation for their injuries or losses resulting from a car accident through their Personal Injury Protection (PIP) insurance. That means that you can file a claim even if you were not the one driving.

Should I contact the other party in an accident?

Generally speaking, you shouldn't talk to the other insurance company when there is the potential for anyone involved in the accident (you, the other driver, a passenger) making a claim for serious personal injuries.

What should you not say to your insurance company after an accident?

Even if you know the accident was your fault, don't say sorry or admit guilt at the scene as your insurer might have a clause about it. Exchange details with the other's involved and get in touch with your insurer to report the incident.

Should I call my insurance if it wasn't my fault?

Yes, you should call your insurance company if you were in a car accident that was not your fault. There are two main reasons for this. First, your insurance company may require you to contact them as outlined in your policy.

What is the average settlement for a car accident in Florida?

The average accident settlement in Florida is about $15,000. When injuries are severe, the average settlement is higher.

Can a passenger leave the scene of an accident in Florida?

Crash Involving Injury or Death Under Florida Statute 316.027, if a person is involved in an accident or crash that results in injury or death to any person, including a passenger, the person is required to: Stop Immediately; Provide their name, address, registration information, and driver's license; and.

Can I lose my house due to at fault car accident in Florida?

Can you lose your house due to an at-fault car accident? In Florida, you cannot lose your house due to an at-fault car accident. The Florida homestead exemption, in most cases, will protect the home of the at-fault driver.

Do insurance companies talk to each other?

Answer provided by While car insurance companies don't talk directly to each other, they do share information. All car insurance companies can access your claims history through a database called the Comprehensive Loss Underwriting Exchange (CLUE).

What happens if you don't report an accident within 24 hours?

Failure to report an accident can lead to your policy being declared void by your insurers which could result in you being uninsured in respect of vehicle damage in the event of a later accident.

How long does an insurance company have to investigate a claim?

about 30 daysGenerally, the insurance company has about 30 days to investigate your auto insurance claim, though the number of days vary by state.

What happens if you are a passenger in a car accident?

If you’re a passenger in a car accident, the news is good. The accident was not your fault. This means there are options for you in terms of financial recovery. The path to personal injury compensation may involve disputing with multiple insurance carriers regarding liability (who is responsible). Generally, either the driver of your vehicle will be responsible, or the driver of the vehicle who collided with you. But again, as a passenger, there should not be any liability for you. There are exceptions to this rule and those exceptions include:

How long after a car accident do you feel your injuries?

Quite often, you don’t feel your injuries immediately after the car accident. This is a combination of adrenaline and the time it takes for injuries to reveal themselves. You will generally not compromise your passenger claim by seeking medical treatment for the first time a day or two after the accident. If you wait more than a week ...

What do you need to start a claim?

You must reach out to the insurance company to start a claim. Generally, you’ll need your police report on hand to do this. The intake officer will want to know details about the accident and the police report number. Lastly, the intake officer will need to establish there was insurance coverage on the at fault driver at the time of the accident. ...

What to do after a car accident?

We recommend you receive medical treatment the day of the accident, and preferably go directly from the accident scene to the emergency room.

What to do if there is a dispute between two insurance companies?

If there is a dispute between two insurance companies as to fault, the easiest solution is to file a lawsuit against both parties. Or at least to threaten filing a lawsuit against both insurance companies. The theory is that you as the passenger were not responsible, and that a jury can decide how the two insurance companies should share fault.

What is the number to call for a car accident claim?

You can call 704.749.7747 or click for a FREE CASE EVALUATION and we will contact you immediately. When it comes to choosing a personal injury law firm, we know you have options.

Can a jury decide how the two insurance companies should share fault?

The theory is that you as the passenger were not responsible, and that a jury can decide how the two insurance companies should share fault. Typically, even if there is resistance, your personal injury attorney will be able to successfully encourage the insurance companies to work out an arrangement which will lead to you being paid ...

What happens if you don't pay compensation for an accident?

If their compensation does not cover the costs, you may pursue a personal injury case against the liable driver for the accident. Both Drivers Share Liability. In some cases, investigators may find that each of the drivers had some responsibility for the accident. In this case, if you rode as a passenger in one of the vehicles, ...

What to do when insurance is insufficient?

When their insurance coverage proves insufficient, you may pursue compensation through a personal injury lawsuit. If investigators find the other driver liable for the accident, you may submit a claim with their insurance company. You may do this in the same way as filing with your driver’s insurance company.

What happens if you are injured in a car accident as a passenger?

If you’re injured in a car accident as a passenger, your claim will likely be made against your driver’s insurance policy under their personal injury protection (PIP) plan. However, if your driver. Is a Driver Responsible for His Passengers? When driving any vehicle, the driver is responsible for his passengers.

What happens when you file a claim as a passenger in a car accident?

When you file a claim as a passenger in a vehicle involved in an accident, you may file with your driver’s insurance company, the other driver’s insurance company, and in some cases, both insurance companies. When you ride with another person in a car, they bear responsibility for your safety.

How to contact Ben Crump Law?

At Ben Crump Law, PLLC, we want to discuss the individual details of your case with you during a free consultation. Contact our offices at 800-601-7557 for help with your car accident case. We work on a contingency fee basis and only collect payment if we secure financial awards in your favor.

What happens if you travel in a car accident?

If you traveled in a car involved in an accident, you may receive compensation for your injuries. Each accident differs, and your unique circumstances determine the parties you may pursue compensation from in a personal injury claim.

What happens if you ride with another person in a car?

When you ride with another person in a car, they bear responsibility for your safety. If your driver makes any type of mistake and an accident occurs, the driver may hold liability for any injuries resulting from the accident.

How to contact Ben Crump?

If you suffer from any injury as the result of being a passenger in a car accident, contact Ben Crump Law, PLLC, at 800-601-7557. Our team wants to discuss your accident case with you during a free consultation to try to help you determine your legal options. Call or text 800-598-7557 or complete a Free Case Evaluation form.

What is fault based system?

The Fault-Based System. Under the fault-based system, you, as a passenger, do not bear any negligence in the accident. The negligence and liability for a car accident lie with the drivers of one or more of the vehicles. As a result, you should receive fair compensation for any injuries that you suffered as a result of the accident.

What is a third party claim?

Third-party injury claims refer to claims that you make on someone else’s car insurance policy. As a passenger, you may file a third-party claim against the insurance policy of the driver who bears fault for the accident. The circumstances surrounding a third-party claim may vary. For example, if the accident only involved a single car in which ...

How to prove injuries from car accident?

First, make sure that you have a doctor check you over as soon as possible after the accident occurs. Visiting a doctor and filing a claim with your personal health insurance or possibly your car insurance during ...

How to protect your rights after an accident?

Visiting a doctor and filing a claim with your personal health insurance or possibly your car insurance during the early stages after an accident can provide a list of your injuries. These steps may help to preserve your legal rights as a passenger. Besides, taking these actions may help to provide your attorney with more information as you try ...

Can a passenger file a personal injury claim?

Any passenger who sustains injuries in a car accident will typically have the legal right to file an insurance claim. If necessary, a passenger may also file a personal injury lawsuit. The passenger.

Can you file a claim for a two car crash?

If you experienced a standard two-car crash, you may submit the claim for being a passenger in a car accident with your driver’s insurance policy as well as the other driver’s insurance policy. The party you file your claim against will depend on who investigators find liable for the accident. It may also depend on the laws ...

What can I do after an auto accident?

After an auto accident, you can seek compensation for all medical bills that you faced as a result of your injuries. This includes everything from emergency treatment, including ambulance transport, to physical therapy for months after the accident. Keep track of all of your medical bills so that you can get a better idea of the compensation you deserve.

Do you need an attorney for an accident?

As the passenger in an accident, you need an attorney who will focus on getting you the compensation you deserve. The insurance company that covers the driver of your vehicle may help that individual seek compensation for both their vehicle and the injuries the driver sustained in the accident, but they will not focus on helping you secure the compensation you deserve. An attorney, on the other hand, will focus on helping you. This includes:

Does auto insurance cover double compensation?

Most auto insurance policies offer double the compensation for all individuals injured in an auto accident that they would provide for a single individual injured in an accident. This helps protect the insurance company in the event of an accident, but it may not help the passengers in an accident. If, for example, you suffered injuries in an accident with a car filled with people, that could mean multiple passengers who have to split the amount offered by an insurance policy. In an accident with a party who carries only minimum liability insurance, that could mean just $30,000 in protection available to everyone who suffered injuries in the accident.

Can you get compensation for lost wages?

Losing income while you recover from your injuries can mean a serious hit, especially for victims who work in hourly positions or do not have paid time off. Fortunately, you can include compensation for those lost wages as part of a personal injury claim.

Can you get compensation for a car accident?

As a passenger in a car accident, you have the same right to compensation that a driver can expect. While you do not need to worry about compensation for vehicle damage—unless, of course, the accident occurred while you were in your own vehicle—you can still seek compensation for any injuries you suffered in your auto accident. This includes:

How much money do you need to settle a lawsuit without counsel?

For example, if you're expecting a $100,000 settlement without the benefit of counsel, a lawyer would need to get you more than $150,000 to make it worth the bother. Believe it or not, most attorneys give honest opinions on whether or not it would be worth your while to hire an attorney or take any easy settlement.

What is the importance of signing off on an agreement?

It is important, however, to have a high level of confidence that something unexpected isn't going to happen. Once you sign off on an agreement, you'll likely never have the chance to seek more money ever again.

Is the police report accurate?

The paperwork does not look accurate ( police report, insurance communications) Details are complicated (technical, legal, medical) Insurance is not playing nice. You do, however, have to ask if paying an attorney to recovery $10,000 in damages is worth the bother if you end up handing over $5,000 to the law firm.

Do insurance companies do their jobs?

In a lot of instances, insurance companies do in fact do their jobs as expected. There are definitely situations where you'd want an attorney to be involved, but there are also times when obtaining counsel is simply overkill. Let's take a look at some of the cases where you may NOT need to hire an attorney after an accident.

Can you file a personal injury claim if you have no injuries?

Generally, if no people were hurt, or there was no damage ( no broken bones or potentially lingering injuries that cause you to miss more than a couple days of work), then it may not be worthwhile pursuing a personal injury claim. Just be careful making this judgment of “no injuries” yourself.

Do you have to have counsel in small claims court?

You're certainly entitled to have counsel present to protect your rights in small claims court . The law firm, however, is likely going to expect a fee for their services rather than working on contingency, since the expected recovery would be very small. It depends on the situation.

image