How do passengers in a vehicle involved in an accident recover damages?

Categorized: Auto Accidents, Bus Accidents

How do passengers in a vehicle involved in an accident recover damages?

Passengers are covered under a driver’s medical benefits in the event of an accident and also may be covered under liability insurance. If you’ve been injured in a vehicle accident in Warminster while a passenger, contact an attorney for help taking action.

Insurance Requirements in Pennsylvania

Car insurance required by the state of Pennsylvania isn’t just designed to protect drivers involved in an accident; it’s designed to protect passengers who are injured, too. All drivers are required to carry medical insurance benefits of no less than $5,000 to cover injuries to both the driver and passengers, regardless of who caused the accident.

Despite the fact that Pennsylvania is a no-fault state, liability insurance is still required. Liability insurance pays for damages to drivers and passengers in an accident. In Pennsylvania, the minimum bodily injury liability insurance amount required is $15,000 per person and $30,000 per accident. Passengers injured in a vehicle have two primary options for recovering damages after an accident – through the driver’s medical insurance (of the car they were in at the time of accident), or through the other driver’s (at-fault driver’s) liability insurance.

How Tort Insurance Works

According to Title 75, Section 1705 of Pennsylvania Law, drivers can choose either full tort or limited tort insurance. If a passenger is covered under full tort insurance on their own insurance policy, or is a passenger in the vehicle of a driver covered by full tort insurance at the time of accident, then the passenger has the right to full tort options. This means the passenger can file a claim for damages for noneconomic losses, like pain and suffering. If the passenger has only limited tort coverage, then only economic damages – like medical expenses – can be recovered unless the passenger has suffered from a serious injury. If a serious injury has occurred, a claim must be filed within two years for damages to be collected, according to Pennsylvania law Section 5524.

Do I need legal help filing my claim for damages?

If you’re filing a claim for damages with an insurance company or with a civil court in Warminster, you should speak with a legal advocate before moving forward. An attorney can help you determine your best course of action. An attorney also can advise you on the type of damages that may be available to you based on your insurance coverage and/or the extent of your injuries. At Cordisco & Saile LLC, we understand how to help injured passengers recover damages. To begin, call us today at 215-642-2335 or go to our website.

« Return to Main FAQ Listing