Can I still recover damages if I was a passenger in a car accident in Indiana?

Can I still recover damages if I was a passenger in a car accident in Indiana?

Passengers injured in car crashes in Indiana can usually recover compensation for damages. However, while injured passengers rarely have to worry about proving liability for an accident—as they are almost certainly not at fault—determining what they can seek compensation for and from can sometimes be confusing.

If you were injured in a car accident in which you were the passenger, you may be temporarily—or even permanently—out of work and facing medical bills that are both unexpected and insurmountable. Fortunately, you have a number of viable legal options.

Injured passengers can file a personal injury claim under the at-fault driver’s insurance coverage. If the at-fault driver’s insurance fails to cover the passenger’s total damages, and the driver of the other vehicle was found to be at least partially at fault, the passenger can also file an injury claim under that driver’s coverage.

While passengers can pursue compensation from both drivers/vehicle owners, they can’t recover more than the value of their total claim. Additionally, passengers are prohibited from filing an injury liability claim against the driver of the vehicle they were in if that person is a relative with whom they live. In this case, the passenger would be considered covered under the driver’s insurance and unable to file a liability claim against what is essentially their coverage.

Injured passengers who have medical bills due before the insurance claim is processed may be able to file a claim against their medical payment, or “med pay”, coverage, as it’s not related to liability. However, med pay is just that—it doesn’t cover lost wages or non-economic damages such as pain and suffering.

Were You Injured in an Accident?

Experienced personal injury Randy Sevenish has helped passengers injured in Indiana car accidents seek compensation for medical experiences, lost wages, pain and suffering, and more. Contact Sevenish Law today to schedule a no-cost, no-obligation analysis of your case. For additional information, request a free copy of our ebook, the Indiana Crash Guide.


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