Filing a Car Accident Case as an Injured Passenger

What are your options for compensation if you are injured in a car accident in Texas while you were the passenger in a vehicle? You may be concerned that you will not be eligible for compensation since you were not the driver of the vehicle. However, it is critical for vehicle occupants to know that they can often be eligible for compensation through an auto insurance claim, and may also be eligible to file a car accident lawsuit. To be clear, you do not need to be behind the wheel when a collision occurs in order to have options for seeking compensation. If you were recently injured as a passenger in a car crash, what do you need to know about filing a claim? Consider the following information from our Texas car accident lawyers.
File an Insurance Claim with the At-Fault Driver’s Insurer
One of the first options for an injured passenger in a car crash is to file an insurance claim with the at-fault motorist’s auto insurer. This is known as a third-party claim — where you do not have a relationship yourself with that insurance company, but you are filing because the driver who does have a policy with that insurer was at fault for your injuries.
Depending on the severity of your injuries, a third-party auto insurance claim may be able to get you the compensation you need. You should always work with a lawyer on your auto insurance claim to ensure that you receive the best possible settlement or payout from the insurer. Yet even when your attorney negotiates a strong settlement, insurance limits may prevent you from obtaining full compensation to cover your losses.
Under Texas law, liability insurance minimums are $30,000 per person and $60,000 per accident. Accordingly, if your injuries total more than $30,000 or there were multiple people injured whose losses total far more than $60,000, if the at-fault driver only carries the minimum amount of coverage (as many motorists do), you may need to move forward with a car accident lawsuit.
File a Car Accident Lawsuit in Texas
Filing a car accident lawsuit is something you should always approach with an experienced personal injury lawyer who can assist you. Even if you have already attempted to handle an insurance claim on your own, you will want to have a lawyer on your side for your civil lawsuit. Many civil lawsuits end in settlements, and your attorney may be able to negotiate a great settlement from the defendant on your behalf. If necessary, we will take your case through the trial stage and work to get you a substantial verdict amount.
In order to be eligible to file a car accident lawsuit in Texas, you must file the lawsuit within two years from the date of the collision. Otherwise, your claim will become time-barred. As such, it is important to get in touch with a lawyer as soon as possible.
Contact Our Texas Car Accident Injury Attorneys for Assistance with Your Claim
Do you need assistance with an insurance claim or civil lawsuit arising out of the injuries you sustained as a passenger in a collision? One of the experienced Texas car accident and injury lawyers at John Reed, Attorney at Law can help. Contact our firm today.
Sources:
tdi.texas.gov/pubs/consumer/cb020.html
statutes.capitol.texas.gov/docs/cp/htm/cp.16.htm