If you are injured as a passenger in a Wisconsin car accident, you may wonder what your options are for seeking compensation for your injuries. Fortunately, passengers have many of the same options as vehicle drivers after a car accident, and they typically aren’t at fault for the crash that injured them.
Passengers Are Covered by Auto Insurance
The first thing to know about being injured as a car passenger is that you are covered by auto insurance. Regardless of who the at-fault driver is, you can file an insurance claim against their liability coverage. And if the at-fault driver is uninsured or flees the scene so you can’t identify them, you can still file an uninsured motorist claim with your own auto insurance provider, even though you weren’t behind the wheel.
Who Can Be Held Liable for Your Injuries?
Depending on the circumstances of the accident, several parties could be liable for your injuries:
- The driver of the vehicle you were in could be liable if they were speeding, distracted, intoxicated, or at fault for the collision in some other way.
- The driver of another vehicle could be liable if they caused the crash, such as if they ran a red light and T-boned the car you were in.
- Multiple drivers, including the driver of the vehicle you were in, could be liable if they shared responsibility for the crash.
What Compensation Can You Recover?
As an injured passenger, you can seek compensation for your accident-related losses. Losses are the negative consequences of the accident and your injuries, including:
- Past and future medical expenses
- Lost wages and reduced future earning capacity
- Physical pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Permanent disability
- Property damage
Your lawyer can gather documentation of your injuries and how they affect your life. This may include your medical records, pay stubs, and eyewitness statements from friends and family.
What if the At-Fault Driver Is a Family Member or Friend?
If the at-fault driver is a family member or friend, you may be apprehensive about filing a claim. However, it’s important to remember that the money will come from their insurance company. Accidents like this are why they have auto insurance, and their insurer will cover the expenses related to your injuries and other losses.
What if Multiple Parties Were Injured?
There’s a decent chance that multiple parties were injured in the accident that harmed you. Those parties could be other passengers in the same vehicle as you, you and the driver of the vehicle you were in, or you and the occupants of another vehicle involved in the accident.
Wisconsin requires all drivers to have a minimum of $25,000 per person and $50,000 per accident for bodily injuries they cause as part of their liability coverage policy. Depending on how much coverage the at-fault party has, it may not be enough to split between multiple injured parties, especially if your injuries are severe.
In this case, you could file an underinsured motorist claim with your insurer, identify other at-fault parties to file liability claims against, or pursue additional compensation through a personal injury lawsuit.
Contact Our Wisconsin Car Accident Lawyers
Contact Atterbury, Kammer & Haag, S.C., for dedicated, experienced representation after a Wisconsin car accident. We are a low-volume, high-quality law firm based in Madison that prides itself on peer acclaim and satisfied clients rather than relying on flashy advertising. Our lawyers handle each case personally from start to finish and are always available to answer your questions and provide updates about your insurance claim.