Innocent Injury Victims Deserve Help with Their Recovery. We’re Here to Fight for You.
When two drivers get into a collision, the at-fault party is liable for the other party’s damages. If fault is shared, the amount they owe may decrease, but it is still their insurer, and that of the other driver, who is involved in this process. As a passenger, you may have questions about your rights. Because you weren’t driving, you don’t need to pull your insurer into the discussion—right? However, this leaves you to pursue compensation all alone, which is its own set of challenges.
Any passenger who is injured in a car accident deserves compensation for all their damages, full stop. While insurers may quibble about fault when it comes to the drivers, you aren’t a liability holder and should not face such holdups and challenges. Unfortunately, we know “should be” isn’t always reality. That’s why our firm is here to help.
Were you injured as a passenger in a car accident? Call Klenofsky & Steward, LLC at (816) 865-5700 to schedule a free consultation with our team today.
Joe and John are excellent attorneys. It was a difficult case at times, But with their professional experience, they pushed through.K.C.
Experience on Your Side Our injury attorneys are dedicated to your recovery. Call our team today at (816) 865-5700 to schedule your free initial consultation. There is no fee unless we win your case!
Dealing with Insurers as a Passenger
As a passenger, trying to receive compensation from an insurer is an odd experience. In fact, some people aren’t sure how to go about it. Filing a claim, however, requires the same steps no matter how you were involved in an accident. The at-fault party should have reported more than one person was in the car they hit. On the insurance side, passenger claims aren’t rare, so adjusters will be used to dealing with them even if you’re not.
Making Multiple Claims
Because Missouri’s liability law is based on the “comparative fault” rule, an insurer only has to pay the percentage of a settlement their client was responsible for. For example, if person A holds liability for 70% of the accident and person B’s actions contributed 30% to the cause, the insurer for person A would only have to pay 70% of the damages claimed by person B.
As a passenger, you don’t have to deal with defending yourself against untrue accusations of shared liability. But, if more than one party was determined to be responsible for the accident, you may have to file a claim with both insurers, as each is only legally responsible for a percentage of damages. It’s common for insurance adjusters to argue over liability because they don’t want to pay any more than they have to. These types of disagreements can delay your claim, so make sure you have a dedicated attorney to advocate for your rights.
Do You Have Other Ways to Recover?
While Missouri doesn’t require drivers to cover personal injury protection (PIP) or MedPay insurance, these types of policies kick in right after an accident, regardless of fault, to help anyone who was injured pay their medical bills. If you have this coverage, you can make a claim with your own insurance—but keep in mind that doing so may raise your premiums. If the other driver is both at-fault and uninsured, you may be able to make a claim with your driver’s uninsured motorist coverage or your own. Our team can help you explore your various options if you’re dealing with a complicated insurance situation.
Know the Worth of Your Passenger Injury Claim
Before you make any settlement agreement with an insurer, call us to make sure you’re not leaving money on the table. While you may feel pressured to come to a settlement quickly so you can pay accumulating medical bills, your expenses likely go beyond the number you received from the doctor’s office. While healing from a car accident, you may be forced to miss work and therefore receive a smaller paycheck. Even then, your injury may not fully heal right away—and if you’re going to need additional check-ups and/or treatment down the road, these costs should be included in your settlement, too. Finally, you might be able to request compensation for pain and suffering.
Our team can walk you through how to calculate each of these expenses. Many clients are surprised by how little an insurer is offering them compared to the full value of their claim. Taking the time to schedule a free consultation can be well worth it.
It’s fair to say no one expects a car accident to ruin their day, much less when they’re not even driving. However, when one does, you deserve professional legal support so you know you’re getting a fair deal from the insurance adjuster. Our team has years of experience working with car accident victims, and we can help you with every part of the claims process.
Call Klenofsky & Steward, LLC at (816) 865-5700 for a free consultation. We offer home visits to ensure you have access to the help you need.
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