When you put yourself in the hands of another driver as their passenger, you do so with the expectation that you’ll arrive at your destination safely. Usually this is the case but, there are times when it doesn’t work out that way.
If an accident occurs and the other vehicle’s driver is at fault, then that is the party that should be responsible for resolving your claim. However, there can be occasions when the driver you’re riding with is partially or completely at-fault for an accident. Can you still make a claim if you’re a passenger in a car where the driver is at-fault?
If you’re a passenger, you’re not the party in control of the vehicle. So, if the driver is negligent in their operation of the auto resulting in injury to passengers in the auto, then those passengers can make a claim against the policy of the vehicle they were riding in. One notable exception to this would be if the driver of the vehicle didn’t have permission to be driving the vehicle. In other words, if an individual steals a car and has a passenger and an accident ensues in which the passenger is injured, the passenger would not be able to recover from that insurer.
If you are in an auto accident and you’re injured, you need to make a claim so that you can be compensated for your medical bills, any lost wages, and your pain and suffering. Even if you are a passenger in a car with a friend or family member, you can make a claim. Don’t let the fact that a friend or family member is liable deter you from making a claim. Sometimes people worry about how this will affect the at-fault party financially. Remember that when you make a claim against someone, insurance is what pays and insurance is designed to protect the personal assets of the policyholder. In other words, you don’t have to feel bad about making a claim. If you need help, consider speaking to a NYC personal injury lawyer to help you.
It is important to know that your claim against an insurance company is subject to policy limits. If your damages exceed the amount of coverage available or if there are numerous injured parties, you may not be able to collect the entire amount of your damages. In cases such as these, it may be necessary to look to any underinsured coverage you might have on your policy. This can assist with paying your damages if there is not enough coverage otherwise.
Finally, in the event the car you are riding in is an uninsured vehicle, you should check your own policy to see whether or not you have uninsured coverage. This is coverage of your own that is designed to protect you if other drivers and auto owners have failed to have liability coverage in force.
Sometimes accidents will happen. When they do, you might find yourself as a passenger in the at-fault vehicle. You’ll have to deal with the consequences. Hopefully, they won’t be too bad but, whether they are minor damages or major damages, you can certainly make a claim if you’re a passenger in an at-fault vehicle.
what happens if I get divorced, can I keep the money from the settlement or is it divided?
If you get divorced, the money you get from the settlement remains in your possession. While California is a community property state, the proceeds of a personal injury settlement belong to you – and thus you retain them. Having said that, it’s advisable that you speak to a Los Angeles family law attorney who can help you.