The typical car accident scenario involves the driver of one car being injured by the driver of another car. However, this is not always the case.
Sometimes passengers are also injured in auto accidents. While this seems like it should be fairly straightforward, it can actually get pretty complicated when trying to figure out who should be held responsible.
Who Should Be Held Responsible for Passenger Injuries?
Like with any car accident, there are a number of different potentially responsible parties. The most obvious person to blame is the other driver. However, unlike with a typical car accident, passenger can also blame the drivers of their vehicle. Other potentially responsible parties are vehicle and component manufacturers.
Which Insurance Coverage Applies to Passenger Injuries?
This is the more important question but largely depends upon who is ultimately responsible for the accident. For example, if the driver of the other vehicle is responsible, his or her liability policy will provide coverage. On the other hand, if the driver of the passenger’s vehicle is responsible, that liability policy will be available to compensate for the injuries.
The trickier situation is if there is underinsured and/or uninsured motorist coverage available. If there is UM coverage on the vehicle, that policy should be the first additional layer to pay if the driver of the other vehicle does not have adequate insurance. In addition, the passenger’s UM policy can provide additional layers of insurance coverage, but this coverage likely will not be available until the other coverage (ex. the other driver’s policy and the UM policy on the passenger’s vehicle) are exhausted.
Call a New Orleans Car Accident Lawyer
Auto accidents happen every day. Sometimes these accidents are minor, but other times they can lead to severe and disabling injuries.
Passenger injuries can be complicated, but The Mahone Firm can help. Call (504) 564-7342 today to discuss your potential case with a personal injury attorney.