Being a passenger in a car accident can be overwhelming and confusing. You didn’t cause the crash, but you’re left dealing with the injuries and the aftermath. This post explains your rights and when you might need legal advice for car crash victims in St. Louis.
Understanding No-Fault Insurance
In no-fault insurance states, your own insurance, or the driver’s insurance, pays for basic medical bills and lost wages. This happens regardless of who is at fault for the accident. The idea is to get quick help without the delay of proving fault.
As a passenger, you may be covered under the driver’s no-fault policy. This means your medical costs and certain expenses could be paid automatically. However, no-fault benefits are usually limited and don’t cover pain and suffering.
Not all states use a no-fault system. Missouri, for example, is an at-fault state, which means the driver who caused the crash is financially responsible. However, even in fault-based states, personal injury protection (PIP) benefits may be available under certain policies.
Can Passengers File No-Fault Claims?
Yes, if the accident happens in a no-fault state or the driver carries PIP coverage, passengers are often eligible to file a no-fault claim. This allows them to receive compensation for medical treatment and other basic needs quickly. It’s an efficient first step while they recover.
You don’t need to prove who was at fault to file a no-fault claim. It doesn’t matter if the driver was your friend, family member, or a rideshare driver. As long as you’re injured, you can usually file under their policy.
Keep in mind that no-fault benefits have limits. If your injuries are minor, this coverage may be enough. However, for serious injuries, you may need to take further legal action to receive full compensation.
When A Personal Injury Lawsuit Is An Option
A personal injury lawsuit allows you to seek additional compensation for pain, suffering, emotional distress, and more. This is different from a no-fault claim, which only covers basic economic losses. A lawsuit comes into play when injuries are severe or permanent.
In most cases, you must meet certain legal thresholds to file a personal injury lawsuit if you’re in a no-fault state. This could include having high medical bills or serious impairments. These rules help prevent the court system from being overwhelmed with minor claims.
In at-fault states like Missouri, there’s no injury threshold; you can sue if someone else caused the crash and you were hurt. This could include suing the driver of the car you were in, another driver, or even both parties if they share fault.
Can A Passenger File Both?
Yes, passengers can often file both a no-fault claim and a personal injury lawsuit, but not for the same types of damages. The no-fault claim covers immediate, basic expenses. The lawsuit seeks additional compensation for damages not covered by the no-fault provision.
For example, you might use no-fault benefits to cover your ER visit and initial treatment. Then, if you’re facing long-term medical care, lost income, or pain and suffering, you could file a lawsuit to recover those extra losses.
However, you typically can’t “double dip.” Any payments made under the no-fault claim may be subtracted from your final lawsuit settlement. That means you’re being compensated fairly, but not paid twice for the same loss.
Who Can Be Sued?
Passengers may sue the at-fault driver, even if it’s someone they know. Many people hesitate to sue a friend or family member, but it’s usually their insurance company, not them personally, that pays out the claim. This is especially true when serious injuries are involved.
You may also be able to sue a third party if they contributed to the crash. For instance, another driver, a rideshare company, or even a manufacturer (if a mechanical failure was involved) could be responsible.
An experienced attorney can help identify all responsible parties and build a strong case. This step is important when medical bills are high or future care is required.
Conclusion
Passengers have the right to file both no-fault claims and personal injury lawsuits, depending on the situation. These options help cover both immediate needs and long-term damages. For guidance on your case, seek legal advice for car crash victims in St. Louis to protect your rights.