You have been involved in an accident where you were driving but only your passenger was injured. Your passenger can certainly pursue a claim for his or her injuries, but does that completely bar you from filing a claim of your own?
Are you still free to file a claim against the at-fault driver’s insurance policy or your own?
We have asked attorney, Alaina Sullivan, about this type of scenario. Here is what she had to say:
Categories of Damages
When it comes to damages from car accidents, medical claims from injuries sustained in the accident are not the only claims that can be made.
Other claims include property damage, lost income, pain and suffering, or even punitive damages, depending on the severity of the accident.
While you may not need to pursue compensation for your medical damages, you can still pursue compensation for your other damages sustained in the accident.
Property Damages
One obvious claim that you can file is for property damage to your vehicle. Get an estimate for the body damage done to your car and submit a claim to either repair the vehicle or to compensate you for the replacement value should the insurance company determine that it is totaled.
Passenger Relationship
One important question is your relationship to your passenger. If the passenger is a dependent of yours and you are ultimately responsible for that person’s care and well-being, you may have to file the claim on his or her behalf.
If you are that person’s power of attorney, as well, you may have to be the person filing the specific claim.
It all depends on the relationship, whether familial or legal, you have with the passenger.
Lost Income
If you are responsible for the care of your passenger or if you must take time off to take care of the passenger, you can file a claim for lost income. This type of claim can be simple to prove by providing proof of your income, your average work week, and estimated income.
Insurance companies will only pay you for a reasonable period needed to care for the injured passenger, and you will need to prove that your care was necessary due to the passenger’s injuries.
Loss of Consortium
If you are married to or in a romantic relationship with the person who was injured, you may be able to pursue what is known as loss of consortium.
This claim is essentially for the loss of an intimate relationship you once had with the victim as a result of his or her injury from the accident. It can be hard to quantify, but it is an option in terms of personal injury claims.
Pain and Suffering
Just because you were not physically injured does not mean that you are not injured. Keep in mind that you have been involved in an event that is very traumatic. Any car accident would be enough to lead to anxiety, depression or exhaustion.
Watching your passenger be injured, depending on how severe the car accident and resulting injury was, can be quite traumatic as well. You can receive compensation in a claim for pain and suffering damages.
Contact an Attorney Today
A licensed personal injury attorney can take a look your case and determine if your case is viable, and if so, what the best way to pursue it would be. For the best chance of recovering the costs of damages, you may want to reach out to a personal injury attorney as soon as possible.
