Can I Sue If I Was A Passenger Injured In A Lexington Car Accident?

If you’ve suffered injuries as a passenger in a Lexington car accident, Kentucky law grants you the right to pursue legal action. However, specific criteria must be met to initiate a claim.

Our Lexington car accident attorneys can help you, as a passenger, to receive the most compensation possible from the at-fault driver or drivers. Reach out for a free consultation today. Our team is available 24/7 and committed to guiding you through the personal injury claim process.

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What to consider when injured as a passenger in a car accident

If you are a passenger injured in a collision in Lexington, it’s important to consider several factors to ensure that you have a clear understanding of the available options.

• The number of drivers involved in the crash
• Insurance options available to you as a passenger
• Who can be held liable for your injuries
• Which drivers involved were found to be at fault for the collision, and by what percentage
• Damages you can recover compensation for
• What to do after the accident to protect your legal rights

We will discuss the types of passenger injury car accidents you may have been involved in and how you take legal action.

Types of passenger injury car accidents

If you were a passenger while someone else was driving and you were injured in a car accident, you will likely find yourself in one of two situations:

1. You were injured in a single-car accident (no other vehicles were involved)
2. You were injured in a multi-car accident (more than one vehicle was involved)

In each scenario, it is beneficial to grasp Kentucky’s insurance requirements, as it will be the responsibility of either the driver of the vehicle in which you were a passenger, the insurance company of the other driver, or your own auto insurance provider to ensure fair compensation for your injuries.

Kentucky car accident insurance requirements and PIP coverage

Since Kentucky operates as a no-fault insurance state, every auto policy within the state is required to encompass a minimum of $10,000 in basic reparations coverage, commonly known as Personal Injury Protection (PIP) coverage. This type of insurance is designed to cover medical expenses, a portion of lost wages, and other out-of-pocket costs resulting from an injury.

The responsibility for Basic Personal Injury Protection (PIP) coverage lies with the vehicle’s insurance provider, in which the injured individual was a passenger at the time of the accident. Simply put, if you were a passenger in a car involved in the accident, you are covered under the driver’s car insurance policy, specifically up to $10,000 under their PIP policy.

Regardless of fault in the accident, PIP coverage is accessible to a passenger injured in a collision. Initiating an insurance claim with the driver’s auto insurance company is a common and viable first step in seeking compensation for any damages you’ve suffered.

Who can an injured passenger hold liable after a car accident?

In a passenger injury claim or car accident lawsuit, an injured passenger can pursue accountability from various parties for their injuries. These include:

The driver of the vehicle you were a passenger in: The responsibility for potential legal actions following an accident lies with the driver of the vehicle in which you were a passenger. While initiating a lawsuit or injury claim against a close relation or friend might seem awkward, it’s crucial to recognize that, in most instances, the driver’s insurance provider is the entity accountable for your compensation, not the driver personally.

Be aware that an insurance company may exploit your reluctance to file a lawsuit or claim against someone familiar to gain an advantage. To secure the rightful compensation for your medical costs, lost income, or other damages, it may be necessary to pursue an injury claim against the driver of the vehicle. It’s worth considering that even if the driver is a spouse, they could have indirect financial benefits, particularly if they would otherwise be responsible for contributing to your medical bills or other expenses.

The other driver(s): If an individual is found to be at fault or shares a portion of the blame for the accident that resulted in your injuries, they can also be targeted in a personal injury claim.

The vehicle owner(s): The responsibility for injuries sustained as a passenger in a collision can extend to the owner(s) of the vehicle, even if they were not present at the time of the accident.

Your no-fault insurance coverage might entitle you to compensation from your own insurance company. If they fail to provide fair compensation or act in bad faith practices, a skilled personal injury attorney can take action to hold them accountable.

The more drivers involved in a crash, the more complex it can be to determine who to look to for compensation. An experienced Lexington car accident attorney can help ensure that all parties responsible for your injuries are held accountable.

Filing a third-party insurance claim as an injured passenger

A third-party insurance claim is initiated to seek compensation by an individual who has experienced injury or damage caused by the actions of another party. In this context, the individual making the claim, known as the “third party,” is not the policyholder but is impacted by the policyholder’s actions.

I was a passenger in a car accident, and the driver was at fault

If the driver of the vehicle you were in is deemed to be at fault, you can initiate an insurance claim utilizing their no-fault coverage. It’s important to note that drivers carry insurance coverage for themselves and to protect their passengers. This coverage can contribute towards covering your medical expenses, lost wages (up to the applicable limit), and other costs resulting from your injuries.

For instance, consider a situation in which you were a passenger involved in a collision where the driver of the vehicle you were in is responsible for the accident. As a passenger, you suffered injuries like whiplash and a broken arm. In such a case, you would file a third-party insurance claim against the driver’s insurance policy to seek compensation for your medical expenses, lost wages due to the injury, and any pain and suffering resulting from the accident.

The at-fault driver’s insurance company, representing the responsible party, would manage your claim as a third party. They would assess the circumstances of the accident, evaluate the damages you incurred, and provide compensation based on their review and the coverage available under the driver’s insurance policy.

I was a passenger in a car accident, and the other driver was at fault

If you sustained injuries while being a passenger in Lexington, and it was established that the other driver was responsible for the accident, your third-party insurance claims would be submitted to the at-fault driver’s insurance company. You could initiate a third-party claim with the other driver’s insurance carrier if your vehicle were rear-ended, where the other driver would typically be at fault.

In addition, if a drunk driver in Lexington strikes the vehicle you were traveling in, you may have the opportunity to seek compensation from the driver, their insurance provider, and potentially the establishment that served them under Kentucky Dram shop laws.

In a Lexington hit-and-run incident involving the vehicle you were in, you can file a claim with your own insurance coverage or utilize the motor vehicle coverage of the driver operating the car you were in.

I was a passenger in a car accident, and multiple drivers were found to be at fault

In Kentucky, the legal framework adheres to a pure comparative fault law, indicating that each driver involved in a car crash is allocated a percentage of fault. Consequently, it’s plausible for multiple drivers to bear a share of responsibility for the accident. For instance, if the vehicle you were in experienced a sideswipe in Lexington and held some fault, both drivers could be accountable for compensating you as a passenger through a third-party claim.

In Kentucky, each driver must hold a minimum of $10,000 PIP coverage under their insurance plans. Depending on the percentage of fault each driver has, multiple insurance companies may be responsible for compensating you for your injuries under no-fault coverage.

Navigating the aftermath of a multi-vehicle pile-up as an injured passenger introduces a significantly heightened level of complexity, where three, four, or even more drivers may hold some accountability.

Filing a personal injury lawsuit as an injured passenger

No-fault coverage serves as a valuable avenue for passengers seeking compensation for injuries resulting from a car crash. Nevertheless, in certain situations like a T-bone collision, where passengers may suffer more severe injuries compared to the driver, medical expenses and other costs might exceed the limits of what no-fault coverage can provide. In such instances, passengers must fulfill specific criteria to pursue a personal injury lawsuit.

One or more of the following thresholds must be met under Kentucky law to file a personal injury claim:

• $1,000 in medical costs
• A broken bone
• Permanent injury or disfigurement
• Death (this includes bringing a wrongful death claim on behalf of a victim who has died as a result of the accident)

If you encounter any of these conditions, surpassing any one of them entitles you to initiate a claim against the responsible party or parties. If this pertains to you, your initial course of action should involve contacting a seasoned Lexington car accident attorney. They will assist in navigating the complexities of dealing with insurance companies to secure the maximum compensation for your injuries.

In accordance with Kentucky law, you have a limited one-year timeframe from the date of the accident to file a claim, commonly referred to as the statute of limitations. Failing to adhere to this deadline prohibits you from seeking compensation, effectively closing the avenue for an injury claim. To ensure all deadlines are met, you can entrust these tasks to an experienced auto accident attorney who will file claims on your behalf.

How much money can a passenger in a car accident get?

In the aftermath of a Lexington car accident, a passenger possesses the right to seek compensation from any responsible party implicated in the collision. Remarkably, a passenger’s rights are very similar to those of the drivers, though the extent of compensation a passenger injured in a Kentucky car crash may be eligible for hinges on various factors. An experienced injury attorney can manage these considerations, but generally, they revolve around the damages incurred by the individual due to the crash, the extent of available auto insurance and the settlement negotiations in a claim.

Damages a passenger injured in a Lexington crash can recover include:

• Lost wages (including future lost wages)
• Property damage (for any of your property was damaged in the crash)
• Medical bills
• Pain and suffering

A Lexington accident injury attorney can lead the entire process from start to settlement and hold those who are at fault accountable. They will gather witness statements, negotiate with the insurance adjuster(s), ensure you receive the medical treatment you need, and file the initial claim on your behalf.

At Hughes & Coleman Injury Lawyers, our team will fight for the most compensation possible so that you can focus on getting better.

What an injured passenger should do after a car accident in Lexington

After a collision, there are some important steps that a passenger can take to protect their legal rights and the ability to recover financial compensation.

Call the police: In Lexington, the police will come to the scene of a serious accident and investigate the circumstances. Following this investigation, they will file a report.

Gather evidence at the accident scene: This includes photos, video, witness statements, and contact information, if possible.

Get treated for any injuries you sustained in the crash: This is an important step to ensure your injuries are properly documented.

Get a copy of the Lexington police report: As a passenger, you have the legal right to obtain a police report as an involved party.

Contact an attorney: A skilled attorney at Hughes & Coleman can help you understand your rights as a passenger and guide you through the entire process. Never accept a settlement offer without speaking to a qualified injury lawyer. Our team is available 24/7.

Contact us today for a free consultation

At Hughes & Coleman, we are dedicated to securing the total compensation you rightfully deserve from the insurance company. With over 35 years of experience, our team has assisted injured passengers affected by negligent drivers in Lexington and throughout Kentucky.

Call us today

800-800-4600

Get it done.