When you’re injured as a passenger in a car crash, getting compensation for your injuries can be confusing. Clients often ask who they should file a claim against: the driver of the other car, their driver or both?
The Law Offices of Tim Misny has decades of experience assisting accident victims. If you were injured in an accident as a result of someone else’s negligence, you deserve compensation—and we can help.
Who’s responsible?
Injured passengers are entitled to file a claim against their driver, the driver of the other car or both, depending on the circumstances. After seeking immediate medical attention, call the Law Offices of Tim Misny. Your attorney will explain your options and forecast the most likely outcome, based on the facts of your case.
Ohio is an at-fault collision state. One or more parties must be assigned fault, depending on how they contributed to the collision. After the initial investigation, the insurance companies will assign a percentage of fault to each driver. This is called comparative negligence. Parties over 50 percent at fault cannot recover compensation.
Passengers aren’t usually at fault for car accidents, but there are certain circumstances in which they may be deemed responsible. If they interfered with safe driving, whether through distraction or direct action, they could be held responsible for an accident.
What if I don’t want to file a claim against my friend or family member?
Many clients are concerned they’ll cause a rift if they file a claim against a loved one’s insurance policy. While understandable, it’s important to remember that this allows the insurance policy to pay for damages—it won’t come out directly out of the policyholder’s pocket. They may experience other consequences (such as raised premiums or being dropped from their policy), but that’s typically a much less expensive proposition. Medical care is expensive, and accident victims shouldn’t have to pay out of their own pocket.
In certain cases, there may be other avenues for compensation. Workers’ compensation benefits are available for on-the-job injuries. Personal health insurance coverage could also be an option. Your attorney will evaluate potential sources of reimbursement and explain which are most likely to cover your injuries.
As an injured passenger, you can and should seek damages from the at-fault driver(s). The Law Offices of Tim Misny will work to get what you deserve.
Call an Ohio personal injury lawyer today
Were you injured as a passenger? Whomever is responsible, I’ll Make Them Pay!® Get in touch with me at 1-877-614-9524
so that I can evaluate your case as soon as possible. We’ll take care of the insurance claims and legal paperwork, so you can focus on recovery.
