If you were hurt in a car accident that someone else caused, you are owed compensation for the losses you have incurred, even if you are the passenger in the vehicle. You have the right to file a claim against the driver of the car you were in, or if the other party is to blame, you can file a claim for your losses with that driver, and we can help you with the process. At White Law PLLC, our Okemos car accident lawyer can help you sort through the challenges you are facing to find the best route forward.
Who Is Responsible When a Passenger Is Hurt in a Car Accident?
In most situations, the person who caused the accident is responsible for the injuries a passenger suffers, and that means that in most situations, the passenger has the right to compensation since they are not at fault for the accident. There are situations where other parties may be responsible like a trucking company of the truck that hits you. Our goal as your Michigan accident lawyers is to find out who is accountable.
Michigan is a no-fault insurance state, meaning that each driver is required to carry personal injury protection (PIP). Because of this, the passenger in the vehicle is able to file for compensation for their losses. The key to remember here is that the details of the case will ultimately determine how you file for compensation, but typically, as a passenger, you should be able to seek out compensation for all of your losses, including:
- Medical bills from the accident
- Some of your lost wages
- Replacement for your property
Your Fight Is Our Fight
Understanding the Order of Priority Under Michigan Law
The order of priority is one component to determine who is responsible for your injuries. Under Michigan law, personal protection insurance benefits follow a specific order to determine which insurer is responsible for the losses incurred in an accident.
One of the steps you need to consider is the order of priority, which is the term to describe the insurance company that holds the responsibility for covering your damages after a car accident. This is the company that is responsible for paying PIP benefits to you. If you were injured in a car accident, the following order of priority typically applies to your situation.
- Your personal insurance policy: If you have a no-fault insurance policy, you are able to claim the losses you have under that policy.
- Your spouse or resident relative: If you do not have auto insurance, but a person who is a family member living in your home does, then you may be able to submit a claim under that coverage.
- Michigan Assisted Claims Plan: If you do not have either of the other options, you can file a claim to Michigan Assigned Claims Plan to review and assign it.
Various exceptions exist under the order of priority rules in Michigan, including if you are in a vehicle provided by an employer or on a bus. There are situations where filing a lawsuit against a party acting recklessly could also be possible. Because of the complexity of these legal matters, we encourage you to reach out to your accident attorney in Michigan to gain more insight into your rights to pursue financial compensation.
What About Other Losses You May Have?
There are some situations where you may seek out additional compensation for the losses you have as a result of the circumstances, including if you have pain and suffering or excessive medical and wage losses due to the incident. As a passenger, you may have emotional distress, pain and suffering, and long-term recovery needs that can become expensive. If the initial claim from the insurer does not settle all of the losses you have, it may be beneficial to file a lawsuit.
How Can Our Attorney Help You with Your Case?
Filing a claim for losses as a passenger in a vehicle can be complex and time-consuming, but our attorneys can guide you. Our initial step will be to gather information about your case and determine the responsible insurer. From there, we can provide additional strategies to alleviate your financial worries and help you overcome other losses.
One way our team works with you is to develop all avenues of possible recovery, including analyzing police reports and photos of the incident to determine cause and negligence. We also can request medical documents or driver records and logs to help support your claims of negligence for additional parties, such as a truck company, in the case of a truck driver striking you. We communicate with the insurance company but can also obtain necessary data that the opposing insurance company may not be willing to provide otherwise.
More so, when you work with our car accident attorney in Michigan, we alleviate the burden of trying to prove your case and work to ensure the insurance company pays a fair settlement. If they fail to do that, we go to court to ensure you get the excess verdict you deserve. That is often far beyond what the insurance company is willing to offer to you in a simple settlement.
Allow Us to Offer Insight into What Your Best Way Forward Is
At the heart of what our car accident attorneys do is help our clients have the information and insight they need in complicated legal matters. Even if you need to file a claim with your own insurance, you can benefit from our insight, as we can offer support in ensuring you file a comprehensive claim. This accident changed your life, led to a lot of physical pain and emotional suffering, and we want to be sure that you receive what you are owed.
We understand that you may be going through a difficult situation and we are ready to help however we can.
Put Our Legal Team to Work with You for a Free Consultation Now
Understanding your rights after a car accident in which you are a passenger can be complex, but our car accident attorneys in Michigan can offer help and guidance to you. Set up a free, no-obligation consultation to discuss your case with us to learn more about those rights. White Law PLLC is readily available to fight for you.
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