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Can a Passenger File a Personal Injury Claim in a Car Accident?

Perhaps you’ve recently been a passenger in a car accident, resulting in a personal injury. If that’s the case, you’re likely wondering if it’s possible to hire a Las Vegas accident lawyer and file your own personal injury claim. Fortunately, the answer is yes. Make note of the following information about making a personal injury claim as a passenger.

Proving Liability

When it comes to a passenger filing a personal injury case with a Las Vegas accident lawyer, the passenger generally has an easier case than if he or she were the driver. This is because as a passenger, you don’t generally have to prove liability, since one of the drivers (if involved in a two car accident) will be found liable. In many cases, the driver of a single car accident is found at fault. However, there are exceptions, such as if an animal darts into the road and causes an accident, or other sudden emergencies.

Filing the Claim

As a passenger filing a personal injury claim, you’ll need to file the claim against both drivers (if two drivers were involved). To do this, you’ll need both drivers’ insurance information to file the claim with both insurance companies. If you were involved in an accident where both drivers could potentially be at fault, your Las Vegas accident lawyer will need to negotiate with the insurance companies of both drivers.

When Neither Side is Willing to Settle

There can be a dispute if two insurance companies are involved and neither is willing to settle. For instance, say the first insurance company is only willing to accept 25% fault and the other insurance company is only willing to accept 50% fault. This still leaves 25% fault unspoken for, so until one of the insurance companies adjusts their claim of fault, the personal injury case cannot be settled, which often leads to litigation.

Multiple Passengers

If more than one passenger involved in the accident was injured, multiple personal injury claims can affect your own claim. For instance, if the total value of all the personal injury cases is more than the amount of liability insurance the driver has, all of the passengers may have to settle for less than their cases are actually worth.

GGRM the Las Vegas Accident Lawyer

If you’ve been involved in a car accident and think you may have a personal injury claim, please don’t hesitate to contact a Las Vegas accident lawyer. Call Greenman, Goldberg, Raby and Martinez at 702-388-4476 and schedule your free consultation today!