Who is Responsible in Passenger Car Accidents?
As a passenger injured in a car accident, you may feel like a victim of circumstances beyond your control. In addition, you may wonder who to hold liable for your injuries and other damages. If you’re injured in a car accident as a passenger, your initial bills (up to $10,000) will be paid for by PIP whether it's your driver's fault or the other driver’s fault.
However, if your driver is not at fault for the accident, you may make a claim against the other driver’s insurance policy. In certain cases, you may also be able to file a personal injury claim in court against one or both of the drivers who were in the crash based upon their percentage of shared negligence. If you’re unsure who to file a claim against and need help with your case, Thomas J. Ueberschaer, P.A., can provide legal consultation and assistance. We represent victims of car accidents in Pensacola, Florida.
Passenger Injury Cases We Take On
When it comes to car accident injuries, every case is unique. As such, you need an attorney who understands the nature of your case and how to move forward with your personal injury claim. Thomas J. Ueberschaer, P.A., has helped victims in cases similar to yours. We take on a variety of passenger injury claims, including:
- Spinal cord injuries
- Neck injuries
- Traumatic brain injuries (TBI)
- Broken bones and fractures
- Disability and disfigurement
- Wrongful death
Before you contact the insurance company, give us a call and let us review your case. We can answer your questions, discuss your legal options and help you submit your claim. Don’t trust your case to just any lawyer. Instead, work with our experienced car accident attorneys in Pensacola, Florida.
Who Is Responsible for My Injuries?
As a passenger in a car accident, it can be difficult to determine who was at fault for the crash. If two or more parties were involved in the accident, you may have the right to file a claim against one or all parties. However, what happens if both parties get into a dispute about who was at fault?
Our law firm can investigate your case to determine who was at fault and how their negligence or reckless behavior led to your accident. We can gather evidence of fault and liability such as:
- Eyewitness testimony
- Photo or video footage
- Official police reports
- Expert witness testimony
- Clues at the accident scene
Our legal team will conduct a thorough investigation to support your accident claim and make sure the responsible party is held accountable for your losses.
What Are My Options for Filing a Claim?
Depending on who is responsible for the accident, you may have several options for filing an accident claim.
File a Claim Against Your Driver
It can be tough filing against your driver if they are a friend, coworker or family member. However, your driver should have adequate auto insurance in Florida to cover your medical bills and other damages. If not, we can explore other options, including your own uninsured motorist coverage.
File a Claim Against the Other Driver
If the other party is at fault for the accident, their auto insurance company will be liable for paying your expenses and other damages. Our law firm will contact the driver’s insurance company on your behalf to file a claim and negotiate a fair settlement.
In some car accidents, both drivers may be partially at fault for the accident. For instance, your driver may have made a left turn at an intersection and hit another driver, but the other driver was speeding. If so, you may be able to split compensation between both drivers.
For this reason, it is important that you gather as much information as possible while at the scene of the accident. You will need the insurance information from your driver and all of the drivers who were a part of the accident. It is also a good idea to obtain a copy of the accident report and information from any witnesses. Your attorney will use this information when filing your claim.
What Damages Are Available in a Car Accident Claim?
How much your case is worth and what damages you can claim depend on the nature of the accident, who is to blame and the extent of your personal and financial losses. Common damages that you can account for include:
- Medical bills
- Lost income
- Emotional trauma
- Loss of quality of life
- Wrongful death damages
Our law firm will work to get you the maximum compensation possible based on your losses. Don’t let the insurance company tell you what your case is worth. Let our legal team calculate your losses so that you get fair compensation for all damages.
Hire Thomas J. Ueberschaer, P.A., to Represent You Today
When you are ready to move forward with your case, we are here to help every step of the way. Thomas J. Ueberschaer, P.A., provides comprehensive legal services for victims of car accidents in Florida. Contact Tom today to get started with your claim.
We will answer your questions, address your concerns and work on your behalf to take on the insurance companies. To schedule a free case evaluation, call us at 850-741-7381. There is no cost to you unless there is recovery for your case.
Injured in an Accident?
With Over $100,000,000 in Verdicts and Settlements, the Victories Just Keep On Coming.
$325,000 was awarded to a client who experienced a head-on collision resulting in serious injuries to their legs.
$1,100,000 was awarded in a workers' compensation settlement. The client was moving a heavy object resulting in permanent total disability.
SOCIAL SECURITY DISABILITY
$90,000 in back due benefits and ongoing payments after judge’s hearing for 45-year-old mechanic suffering from severe sleep disorder, leaving him unable to maintain any full-time employment.