You have been a victim of a car accident while riding in the passenger seat. Whose responsibility is that?
Initially, the responsibility falls onto the insurance carrier of the vehicle that, you, the passenger was riding in (passenger of an individual vehicle or a public vehicle….). As a passenger injured in someone else’s car you will need to send some documents including all of the specific information about the accident and the driver. When the passenger sends this information, it allows the insurance companies to make any necessary compensation payments that are eligible from the accident.
The insurance provider of the driver of the vehicle that the passenger was in is responsible for all of the monetary and medical compensation required from the accident. This is the case unless there is another vehicle involved in the accident who carries the fault.
The insurer of the vehicle has eight months to pay the passenger a sufficient financial provision from the accident unless the accident has gone to court, at which time this may extend the payout date. The one thing to keep in mind, is the question of “what is sufficient?” and this is why we always recommend that anyone who has been injured in a car accident in Mesa or any of the surrounding cities in the valley, come in and see us for a free consultation.
The amount of compensation due is dependent on the amount of injury that occurred, and how that is going to affect the passenger in his or her life.
The financial provision must be sufficient, i.e. the passenger must not have financial problems because of the car accident.
The insurer of the car will then have to make an offer of compensation, after getting expert medical opinions on the status of passenger and the injuries that they have incurred due to the accident.
Medical expertise and passenger compensation
The insurer may make medical assessments of the passenger(s) in order to assess the amount of the provisions to be paid and in order to assess the final amount of compensation. The insurer will then send his/her medical expert to consolidate the state of health of the passenger who was in the car. It is on the basis of the report from the medical expert that he will then make a definitive offer of compensation.
The passenger who was a victim in the accident does not necessarily need to be evaluated by a medical doctor or an expert. It is specifically for the realm of financial provisions from the accident that the victim would think about doing so. Do not hesitate to contact an expert if this is necessary.
When the car accident is fatal for the passenger, what are his or her rights or what are they entitled to?
The insurer of the vehicle involved must then send the required documents within six weeks of the accident. He is then obligated to make an offer of compensation for non-pecuniary damage as well as for economic loss (financial loss due to the death of the pedestrian, funeral expenses, time out of work, etc …).
It may be the case that the insurer forgets to send an offer to the beneficiaries, due to the fact that he may not be aware of the entire composition of the passenger’s family.
It is then up to you as the victim’s family to let the insurer know so that he or she sends you an offer of compensation.
It can be quite difficult to enforce your rights, especially when there are significant damages or losses due to the accident.
We hope that this article brings some insight to your questions, please do not hesitate to contact your Personal Injury Law Firm in Mesa, Schenk Podolsky Attorneys at Law for a free consultation where our attorneys can discuss in more detail the best possible route to handle your accident claim and means of seeking compensation for your injuries.
