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Know Your Rights as an Injured Passenger and the Relevance of Filing a Report

— October 26, 2021

When you get injured in a car accident, it is essential for you to reach out to an expert attorney, to know about your rights and get the desired compensation. 

Today, car accident victims know more than others knew two decades back! They know when to contact the police and insurance companies and send notifications to the concerned motor vehicle departments. They also know when they should consult with the personal injury attorney for guidance. 

However, few people fail to recognize that the injured passenger rights can get compared with injured driver rights. And the passengers who have a clear idea about these rights and know about the personal injury process usually get in touch with a car crash attorney. The outcome is that they typically have better settlement results. Hence, if you or someone you know have encountered a car accident, what you need is a strong and determined car accident attorney from Austin. 

Being a passenger, you can claim the right to compensation

The passengers possess equal rights to get paid for the accident injuries similar to drivers. And it is here that an able car accident law firm can enable you to file your lawsuit if the accountable driver’s insurance agency doesn’t agree to pay. The following pointers are crucial:

  • Lost wages

Victims of car accidents at times lose their cars, homes as well as personal property. Also, they usually suffer from low self-esteem for not being able to pay for the needs of their families. The expert law firms enable the accident victims to get compensated for lost wages when another person is accountable for their damages and injuries. 

  • Medical bill compensation

    X-ray of person with broken collarbone; image by Harlie Raethel, via
    Image by Harlie Raethel, via

You have the option to get compensation for injuries like surgical costs, emergency services, doctor’s bills, in-patient care, diagnostic tests, physical therapy, medications, and chiropractic care. 

  • Suffering, pain, and the non-economic damages

Most law covers the recovery of suffering and pain along with the non-economic damages. It might include loss of reputation, emotional distress, inconvenience, physical suffering and pain, loss of companionship, and loss of consortium. 

Who was responsible for the car accident?

The amount you will get depends on the person responsible for the accident. Also, it depends on how much personal assets and liability insurance are available. 

  • Your car driver caused the accident

If the car driver caused the accident, you might get the desired compensation, regardless of whether it is a multiple or one-vehicle accident. You have the chance to opt-in for compensation via the car insurance policy of the driver. You can also get the payment by selling their assets. 

  • Another car driver caused the accident

In this case, both you and your car driver are entitled to seek compensation for the injuries. 

  • An underinsured/uninsured driver caused the accident

Think of a situation where some other driver was accountable for your injuries. In case this driver is underinsured, then their company can pay to an accessible liability limit. The vehicle’s insurance company can also choose to pay up for the rest of the amount of the lawsuit judgment. 

  • You are responsible for the accident

In most places, the law states that each one is accountable for any injuries they cause owing to lack of care. If there is an injury from an accident, you might gather damages for the amount for which you aren’t responsible. For instance, let’s imagine that you are accountable for 80% of the accident and witnessed injuries that sum up to $100,000. In such a case, you are entitled to claim about $20, 0000 in damages. 

Will multiple-individual injury bring down compensation?

Several car insurance companies offer spilt liability limits, like 15/30/5. A single person can get close to $15,000 of the liability, two or more people can get $30,000, and $5,000 can get paid for property damage. If a car has four passengers and all get injured, then based on the policy limits mentioned above, all the passengers need to split $30,000.

Get in touch with an expert car accident lawyer

A standard question most people ask is if an injured passenger needs to get in touch with a car accident law firm. However, a better query might be when you don’t get in touch with the attorney. Once you know this, you will undoubtedly seek legal help. An expert law firm will gather the required evidence and fight your case to provide you with the desired compensation. 

Why should you file the accident police report?

Several people witness car accidents daily on the city streets, highways, private property, and parking lots. In most cases, calling the police is natural, but sometimes people might not do so. It is essential to call the police so that they can write the report for any minor accident? Is it necessary to inform the police about an accident that has injuries but only property damage? There are several reasons for which you need to contact the police immediately after a car accident. 

When must you get the police report filed?

It is essential to call the police directly from the accident spot to file a report. And when you call the police after the accident, it will ensure that people injured will get the care they require. It is also essential to call the police in case of a minor accident. It holds true even when there is minimal property damage, and no one gets hurt. The police officers act as unbiased witnesses and file the police report that has essential accident data. Here you can also think of getting in touch with a car accident lawyer.

Listed below are a few of the crucial reasons you must contact the police and request them to make the accident report. 

  • The trained police officers will gauge the accident scene data and offer a new perspective. Usually, the accident victims are upset and can’t think clearly or rationally about what happened. 
  • The police officer can document the accident details much before you forget what took place. 
  • The accident injuries can take days or hours to surface. And you don’t know when you might require documented evidence so that you can make a personal injury claim. 
  • And if there is no detailed police report, the other passengers and driver might hold you responsible for the accident and even file a case against you. 

What does the law need?

Each state comes with rules which drivers should follow. The rules state that drivers should file the accident report at the motor vehicles department if the property damage goes beyond $1,000. They should also file the report in case of death and injury. The report must get filed within 10 days after the accident. 

For instance, a car accident results in death, injury, or exceeds $750 in damage. The law states that drivers should alert the police of the same. If you are unsure, you need to call the police. 

The insurance organizations should notify the policyholders about the accident. Usually, the drivers get about 24 hours to contact the insurance company and offer them the details. And after the accident, it’s essential to obtain the driver’s name, phone number, address, license plate and license, insurance data, and the car model and make. 

What happens when you refrain from filing the accident report?

The law doesn’t state that drivers should call the police. It’s the personal injury lawyers and insurance companies that urge them to do. It’s because otherwise, an unscrupulous driver might say that you moved away from the accident scene. They can also claim that you are accountable for the accident and come up with other false statements. 

It is also essential to document all your injuries. After an accident, the victims might get upset and might not be able to think clearly. They might think that the pains and aches are due to stress and tension. Also, some injuries show up days or hours after an accident. And if you fail to call the police and report the accident, it can compromise or limit the injury case. 

What happens when the other driver doesn’t wait for the police?

There might be a chance that another driver doesn’t show up for the police. In such a situation, you don’t have much choice in hand other than requesting the driver to give a written or recorded accident statement. The recorded and written statements must comprise the driver’s address, name, date, time, phone number, accident description, and accountability declaration. 

What happens when no one decides to file a report?

Even though the police reports offer another perspective, it’s not always essential. However, it would help if you remembered that these reports are helpful for settlement negotiations. And whether there is a police report or not, an expert car accident lawyer can prove the personal injury case by making use of the following data:

  • Eyewitness accounts
  • Accident recreation
  • Video recordings from traffic surveillance footage, vehicles, and residential and business camera nearby
  • Physical damage to property and vehicles

However, when you get injured in a car accident, it is essential for you to reach out to an expert attorney, to know about your rights and get the desired compensation. 

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