How To File A Passenger Car Accident Claim In Rhode Island
Car accidents can be traumatic, no matter where you’re sitting in the car. But if you were injured as a passenger in a car accident, you may not know where to file a passenger car accident claim or how to get compensation for your medical bills. But don’t worry. Depending on your specific scenario, there are several possible paths towards a settlement.
Below, learn more about what to do if you’re injured as a passenger in a Rhode Island car accident, so you can get the funds you need to rebuild your life.
I was a passenger in a car accident: Where should I file a claim?
Rhode Island is an at-fault state, meaning that the driver who caused the accident is considered “at-fault” and liable for any injuries their actions cause. Depending on where the blame lies in the accident, you may be able to file a passenger car accident claim with any of the following options.
The other driver’s liability insurance
If the driver of the other vehicle crashed into the one you rode in or otherwise caused the crash, you can file a claim with their liability insurance coverage. Liability insurance is required under Rhode Island law, with minimum amounts mandated by the state.
The driver of your vehicle’s liability insurance
If you rode in a vehicle where the driver caused the accident, like your friend’s car, their liability insurance should cover the damage.
That said, filing a claim can become complicated if you were injured while your family member was behind the wheel, such as your spouse or child. If you share an insurance policy with the driver, you can’t file a liability claim, as you’re also included on the policy.
Your personal injury protection (PIP)
If you share an insurance policy with the driver of your vehicle, a policy called personal injury protection (PIP) could cover your medical bills. PIP coverage generally applies to both the vehicle’s driver and their passengers.
Both drivers’ coverage
If multiple drivers contributed to the accident, Rhode Island law makes it possible for both to be held liable, which means you can file a claim with both liability policies, if needed.
If the driver of your vehicle wasn’t at fault, you might also be able to file with their PIP coverage and the other driver’s liability coverage.
Underinsured motorist coverage
If the other driver is at fault, and their policy doesn’t cover the full extent of your medical bills, you may be covered if the driver of your vehicle carries underinsured motorist coverage (UIM). UIM policies often extend to passengers and cover injury-related expenses.
How much money can a passenger in a car accident get?
That depends on the scope of your injuries and the policy limits from the at-fault driver’s insurance company.
In Rhode Island, minimum liability coverage for car accidents is $25,000 per person with a cap of $50,000 per accident. However, that’s just the bare minimum. Many drivers choose to up their coverage to a higher cap.
While many people choose to opt in, Rhode Island doesn’t require PIP or UIM policies. So, coverage depends on whether or not you or the driver of your vehicle opted in.
What kinds of damages can injured passengers recover?
Passengers can often recover the same personal injury damages as injured drivers, including:
- Medical expenses, like hospital bills, medications, and
- Lost wages from time spent off work due to injuries.
- Pain and suffering from injuries that cause mental anguish or lasting physical trauma.
Insurance settlements don’t always take into account the full impact of your injuries on your life, which is why you may need a personal injury lawyer to negotiate on your behalf.
A lawyer understands the common tactics that insurance companies use to minimize their payouts and has the experience to understand the value of specific cases. Their involvement can often get you a better settlement than you could on your own.
Who do I sue if I was injured as a passenger in a car accident?
If you don’t have adequate insurance or negotiations fall through, you can also file a personal injury lawsuit. Obviously, this route isn’t always viable, especially if the driver of your vehicle was a family member or close friend.
But in some cases, it may be possible to file suit against any of the following individuals:
- The insurance company: If you’re legally entitled to more than the insurance company is willing to honor, your lawyer can file suit against them.
- The other driver: If the driver of the other vehicle was at fault, you can also file suit against them personally.
- Another passenger: In rare cases, other passengers may contribute to fault in a car accident, which could open them to liability in a lawsuit.
Can a passenger be liable for a car accident?
Usually, the fault in a car accident lies with one or more of the drivers involved. However, there are cases when a passenger’s actions may contribute to a car crash, potentially leaving them liable.
Some of the scenarios that might contribute to a passenger sharing fault include the following.
- Interfering with the driver, like grabbing the steering wheel or pulling the emergency brake
- Behaving erratically, like fighting with the driver or opening the doors of a moving vehicle
- Distracting the driver, like showing them something on a phone
- Coercing or intimidating the driver into
- Encouraging illegal behavior, such as giving the driver drugs or alcohol
A Providence car accident lawyer for injured passengers
If you were injured as a passenger in a car accident and need help assessing your payment options, Petrarca Law is here for you.
We’ve fought for the rights of Rhode Islanders for the last X years, and we’ll be in your corner throughout this difficult, stressful time. We’ll help you understand the legal complexities of your case and find the best path towards a settlement.
Contact us today for a free consultation.