The legal system provides assistance to injured passengers. Each of them has the right to seek full compensation for their injuries.
Nature of assistance provided by legal system
Each injured passenger has access to multiple sources of funds
—His or her own auto policy, or other insurance
—The other party’s car insurance policy
Each of them has the right to file a lawsuit, if the insurance company has refused to grant any form of compensation.
Smart passengers collect evidence that relates to their accident case
That evidence should include details on the insurance owned by those involved in the collision. In addition, that evidence should include the names and contact information for all those involved in the accident.
Your injury lawyer in Sherwood Park knows that passengers with access to a camera should take pictures. Later, the same passengers should seek a copy of the policy report. Some might find it necessary to provide proof of identity, before arriving at the police department, in search of the desired report.
Save all medical bills
Keep a record of your lost wages
Who might be held accountable for a given passenger’s injuries?
• Any of the drivers involved in the accident; each of them should be carrying liability insurance
• The owners of the vehicles that were involved in that same incident
• The employer of any driver that was working for a business, at the time of the passenger-injuring incident
• The parent of any minor that might have been sitting behind the steering wheel of one of the involved vehicles
Any non-motorist that was involved in the incident
—It could be a pedestrian
—It could be a bicycle rider
—It could be someone that was using a scooter or skateboard
Possible challenges to a passenger’s charge of accountability for an identified party
An employer might claim that the driver/employee had not been engaged in performance of an assigned duty, at the time of the collision.
An owner might claim that he or she had not given the driver permission to use the involved vehicle. That defense would not work, if the owner were a the parent of a teenager, one that had managed to gain possession of the keys.
A driver that had purchased only a bare minimum of liability insurance might have a reasonable defense. It could be that the purchased policy allowed only a limited amount of compensation to any victim. That amount might be far less than the value of the passenger’s injury.
A defense for a pedestrian might suggest that the same pedestrian had a right to assume the right of way. That defense would not hold, if the pedestrian’s actions had consisted of a sudden and unexpected move, one that involved venturing onto the roadway.