Understanding The Rights Of A Passenger In A Car Collision In Boston

If you are wondering about your rights as a passenger in a car collision, then you have come to the right place. Here, you will be going to know that you are lucky, as you can file a compensation claim against the at-fault driver’s insurer to receive compensation for your losses. At Brett Levy P.C., the legal team has substantial experience assisting passengers in car accidents and identifying all recovery sources to increase their compensation amounts. Let’s discuss how a passenger can claim compensation after a car crash in Boston:

If a passenger has received minor injuries in a car collision in Massachusetts, he or she can recover compensation for those injuries via the driver’s auto insurance. Keep in mind that Massachusetts has a no-fault system designed for auto accidents when an injured party’s injuries are not severe. It states that you are allowed to file a claim with the insurance company of the person who was driving the car, even if they were not at fault, if you were a passenger in the vehicle. All auto insurance companies must provide PIP (Personal Injury Protection) coverage as a part of their auto insurance policies, according to the laws in Massachusetts.

Based on this coverage, a policyholder receives coverage for injuries, and it even applies to their passengers as well. However, this coverage only pays for injuries up to a maximum amount of $8k. If the medical expenses go beyond that, there are other options to receive full compensation for your damages. For that, you should consider hiring the best car accident lawyer Boston, who will understand your situation as a passenger and let you use the Massachusetts laws to get compensation.

If your injuries are severe and your damages exceed the driver’s PIP insurance coverage limits, there is an option to file a claim against the at-fault driver. If the at-fault driver is the other driver in your car crash, you can leave the no-fault system and file a lawsuit against the liable party. If the other motorist was the only one to blame for your collision, an expert car accident lawyer Boston will let you know about the value of your claim in this case and get compensation via that motorist’s auto insurance policy.

Remember that if the other motorist only has an insurance policy fulfilling the state’s minimum liability requirements, their insurance might not be adequate to completely recover your damages in a car accident. The minimum liability coverage for physical injury is $20k for one injured victim or a maximum of $40k per crash when 2 or more people are injured. In case of several injured victims, dividing $40k between all of them might not be adequate to cover each of their losses. Even if you were the only injured victim, $20k might not be adequate to cover all of the losses. Here, the role of the best car accident lawyer Boston comes in, who will seek other recovery options, helping you cover the losses.

There are many car accident cases where both drivers will share fault for a car crash. If your driver was partially at fault, you can pursue injury claims against both drivers, and your car accident lawyer will help you. Under the Massachusetts laws, every individual is responsible for their negligence. In this case, each driver will be liable for paying the percentages of losses that match their degree of fault.

If you were a passenger in a car crash in Massachusetts, you would have to prove the negligence of a driver. If you are able to prove that a driver acted carelessly, it makes him/her liable for a car accident. To prove negligence, you should know about 4 different factors, including the following:

The driver had a responsibility to act a particular way, generally due to a traffic law.

The driver failed to do so.

This led to a car collision.

The car crash caused you harm, including potential injuries and expenses.

By proving the at-fault driver acted recklessly or carelessly, you may be able to confirm they were responsible for a crash and caused you harm.

What can be recovered in a car accident?

Generally, passengers hurt in a car crash recover many of the same losses as an injured driver. There is only one exception to this, which states that they do not need a rental car or car repairs in most car accident cases. However, they can recover money for other property losses, including broken glasses or a smashed phone due to a car accident.

Here is the list of recoverable losses and expenses that you can receive:

Medical care and treatment costs

Lost wages and reduced ability to earn

Future medical needs for injuries in the long run

Related expenses

Pain and suffering

Many other intangible losses

To prove negligence of a driver, a passenger needs to gather a list of evidence, such as the following:

Photos from the scene;

The accident report filed by police;

A survey of the crash scene;

Eyewitness statements;

Medical expert consultation;

Video of the collision;

Accident reconstruction by experts;

Your relevant medical records;

And other losses and expenses, if any.

If you need professional legal help for a car crash in Boston as a passenger, contact our trusted car accident lawyer Boston at Brett Levy P.C. We have experience pursuing compensation for passengers injured in traffic accidents in Massachusetts. Contact us now!