You may know what to do when you get into a car accident while driving your car or even a rental car. However, many people do not know the steps to take when they’re in a car accident as a passenger. If you have questions about what to do in a motor vehicle accident when you are a passenger, a car accident attorney can help.
At Gingras, Thomsen & Wachs, LLP, also known as GTW Lawyers, our dedicated team of car accident lawyers is here to help in personal injury cases. We have the experience needed to help you with car accidents when you get injured as a passenger. In this article, we explore the ways you can recover compensation for the injuries sustained in a crash.
Who Pays for Your Medical Bills When You’re a Passenger in a Car Accident?
When you are injured in a car accident, your first priority should be getting medical treatment at the accident scene. The laws in Wisconsin follow an at-fault model, meaning that the at-fault driver will be responsible for the car accident claims that result from the crash. The driver responsible could be the person you are riding with, or it could be the other driver. An investigation will be launched by each insurance company to determine who is liable.
Do I Go Through Health Insurance or Auto Insurance Coverage?
Ultimately, when you are injured in a car accident, it will depend on the specific circumstances as to which insurance claim you will file. Before this process can begin, you must receive immediate medical attention after an accident occurs to treat any known or unknown injuries. Here is a look at the possibilities for the claims process that will allow you to have your medical expenses and lost wages covered after an auto accident.
File a Claim with the Other Driver’s Insurance Company
If the other driver caused the crash, you can contact their car insurance carrier to make your claim. This process may take time as they will need to establish liability. However, the other driver’s insurance policy may not be enough to cover your injuries or other injured parties because insurance coverage pays only up to its limits. If the auto insurance policy of the other driver does not cover your damages, you may need to seek compensation from other sources.
File a Claim with the Insurer of the Person Who Was Driving You
Since Wisconsin is not a no-fault insurance state, the driver who caused the crash will need to pay through their car insurance. If the driver of the car you were in was negligent such as by engaging in reckless driving, drunk driving, or other behaviors, then you would need to file a claim with your driver’s insurance company.
Use Your Own Insurance
When you’re in an accident as a passenger, it may not cross your mind to use your own car insurance. In fact, it is best to pursue compensation from the person who caused your injuries. Personal injury protection isn’t part of Wisconsin insurance policies; however, as an injured passenger in a car crash, you can call your car insurance agent and use your medical payment coverage to pay for crash-related medical treatment..
Another option for injury victims is to use their own health insurance coverage to pay for crash-related treatment. Unfortunately, this means that accident victims in car crashes who are passengers may be stuck paying some out of pocket expenses.
How Can an Experienced Personal Injury Attorney Help Passengers After a Crash?
Some accidents can be complex and involve other drivers, which requires that you prove negligence and liability. A personal injury lawyer can represent you throughout this entire process, using the police report and other evidence to establish your personal injury case. You should receive fair compensation for your medical care, pain and suffering, lost wages, and other damages from this traumatic event.
The legal team at GTW Lawyers can help by seeking insurance details of all involved parties and recovering the money you deserve. Contact our personal injury lawyers today to learn more about your legal options when pursuing this type of claim, whether against another driver or your own driver’s insurance.
