Mississippi Passenger Injury Rights
Car accidents do not only involve the drivers of the vehicles but also any passengers in the vehicle. Drivers usually have the reassurance that their automobile insurance will cover them in an accident, but passengers may be less sure of their rights, especially if they are a passenger in another person’s vehicle. When passengers may suffer injuries in an accident, it is important for them to know that it is still possible to receive compensation to cover medical costs and related losses.
Third Party Insurance Claims
Following an auto accident, the injured party can usually make a claim against one of the drivers’ insurance policies. Depending on who is at fault for the accident, a claim can be filed against either the driver of the car you were riding in or the driver of the other vehicle involved. Claims of this nature are considered to be “third party” claims, since you are making a claim under an insurance policy that is not your own.
It is possible to file multiple third party insurance claims if both drivers are partially responsible for causing the accident. If the liability policy for one driver does not cover the entirety of your losses, you have the option of pursuing a claim against the other driver’s insurance company in order to cover the remainder of the claim.
Passengers who are related to the driver of the vehicle may be covered under the driver’s insurance policy. In this case, the passenger will not be able to pursue a third party insurance claim. This is because insured persons cannot pursue liability claims against the policy that insures them.
Uninsured Motorist Coverage
If you are an injured passenger in an automobile accident and there is no third-party insurance, meaning the vehicle you were riding in was uninsured, or there is not enough insurance coverage, you may be able to file a claim with your insurance company using your Uninsured Motorist Coverage. Uninsured Motorist Coverage is First Party Insurance. This means that is is insurance for you in the event that you are involved in an accident with an uninsured motorist or an underinsured motorist.
Uninsured Motorist coverage, often referred to as “UM Coverage”, varies from state-to-state and from policy-to-policy.
Passengers who have been injured in an auto accident may be entitled to compensation. This compensation can cover:
- Immediate medical costs, such as hospital bills and emergency transportation;
- Future medical costs, such as rehabilitation and surgical procedures that may be deemed necessary at a later date;
- Loss of income or wages due to your injuries.
Multiple passengers who are all injured in the same accident are all able to seek compensation by filing claims against the responsible driver. It is important to remember, however, that all these claims will be combined and paid out of the single insurance amount and thus, coverage may be limited. If coverage is limited, or there is no coverage, you may be entitled to reimbursement with your UM Coverage.
Fighting For Your Rights
If you are a passenger who was injured in an auto accident, it is important that you fight for the compensation you are due. The experienced professionals at the Law Offices of Judy Guice in Biloxi, MS can fight on your behalf. Claims against insurance companies are often filled with complications. UM Claims can be extremely complicated and often times insureds are not even aware if they have this coverage available to them. An experienced auto accident attorney can guide you through the process and make your claims as stress-free and quick as possible. Contact us today to schedule a free initial consultation.