Although most discussions of personal injury car accident lawsuits focus on the injuries to the driver, injuries to passengers can be part of these claims, too. Your legal options as an injured passenger include having the right to seek damages for your medical costs, lost wages, pain, suffering, and disabling injuries after the accident. In fact, if you’re a passenger injured in a motor vehicle crash, it might be easier to win your claim than if you’re one of the drivers.
Learn more about passenger rights in a car accident in Minnesota or Wisconsin and what you should do.
What to Expect When Filing a Car Accident Injury Lawsuit as a Motor Vehicle Passenger in Minnesota
Because of the Minnesota No-Fault Automobile Insurance Act, the circumstances for passengers to seek financial awards in this state differ from those of other states. Under the Minnesota no-fault law, anyone injured in a car accident has to initially seek financial awards for medical care costs and missed wages from their own insurance company. It doesn’t matter if you were driving or a passenger – your initial claim starts with your own insurer.
If as a passenger you do not own a motor vehicle and don’t own car insurance, you would file your initial claim with the insurance policy for an automobile of a family member who lives with you. For injured passengers who do not live with family members who own motor vehicles, the claim would be against the insurance policy for the vehicle in which you were riding at the time of the crash.
If you are someone who doesn’t own a car or doesn’t drive in Minnesota, meaning you don’t have any reason to carry your own insurance policy, you could use the state’s Assigned Risk Plan program.
For a passenger who has injuries that will require future lost wages, future medical care, or a pain-and-suffering award, you might have financial losses that go beyond what the no-fault law allows. If so, you would have the right to seek an additional financial award through an injury lawsuit from the at-fault parties.
Even as a passenger, you still have to pay attention to the statute of limitations for personal injury cases in Minnesota, which is six years from the time of the crash. Our Minnesota car accident attorneys can help you understand all the options for filing your claim.
How to File an Injury Claim in Wisconsin After Suffering Injuries As a Passenger in a Car Crash
Wisconsin is an at-fault state for motor vehicle accidents, which is similar to what’s found in the majority of states. You can seek damages for your medical costs, lost wages, and pain and suffering against one or more parties who caused the accident. You have to prove negligence in the car accident from at least one of the parties involved.
You also need to pay attention to the statute of limitations for car accident victims. Wisconsin Statute § 893.54 gives victims up to three years from the date of the accident to file an injury lawsuit.
Differences in a Car Accident Injury Claim for a Passenger vs. a Driver
The passenger rights in a car accident injury lawsuit are similar to the rights of a driver who suffers injuries because the other driver was at fault. However, a couple of key differences do exist.
Finding the At-Fault Party
When a driver suffers injuries in a crash, our injury attorneys must find facts that show the other driver was primarily at fault. As a driver, if you were primarily at fault, you cannot make an injury claim.
However, as a passenger who suffers injuries, we just have to find one at-fault party. It doesn’t matter whether the driver of your vehicle or of the other vehicle was at fault – or both equally at fault. We just need to find at least one at-fault driver. As the passenger, it’s almost impossible for you to be at fault.
Avoiding Reductions to Your Claim
As a driver injured in a crash that was partially your fault, you could see your financial award reduced by your percentage of fault. If negotiations show you were 30% at fault and the other driver was 70% at fault, your financial award will have a 30% reduction. The other driver is ineligible to win an award by being greater than 50% at fault.
As a passenger, however, you almost certainly cannot be at fault, which means you shouldn’t have to worry about having your financial award reduced by any percentage.
Challenges in Filing an Accident Injury Claim as a Car Passenger
The legal options for an injured passenger after a car accident could involve filing a lawsuit against the driver of the car in which you were riding. This could create an extremely awkward situation, especially if the driver is a relative or family friend. Bringing a lawsuit against someone you’re close to is often the biggest challenge for your legal options as an injured passenger.
It’s important to remember that payments for personal injury claims rarely come from the other party’s personal finances. As long as the other party has the proper type of insurance, your payment for your injury claim will come from the insurance company. If you have concerns about the emotions of this situation, our experienced personal injury lawyers can explain how we’ve handled cases like this in the past and what your different options are.
To Learn More About Legal Options for an Injured Passenger, Contact Tyroler Leonard Injury Law Today
Our Personal Injury Lawyers Can Explain Passenger Rights in a Car Accident
After you suffer injuries in a car crash that wasn’t your fault, you have the right to seek damages for any financial losses you had related to the injuries – and it doesn’t matter if you were the driver or passenger. Anyone injured in a motor vehicle crash that was someone else’s fault has the right to seek damages with the help of our trusted local car accident lawyers.
At Tyroler Leonard Injury Law, we can help you understand the ways your injury lawsuit might differ if you’re a passenger instead of the driver. We can help you understand what to expect when you have medical bills related to a car accident when you’re a passenger. To learn more or to request a free consultation, call us today at (651) 259-1113.