The victim is not the only person injured in a car accident. Many times, the driver who caused the accident is equally, if not more seriously, injured. However, does the fact that the driver who caused the accident is severely injured affect your ability to seek compensation for your injuries, as well?
We have asked attorney Alaina Sullivan about what you should do. Here is what she had to say:
What Affects Compensation for Injuries?
If you are worried about what can affect compensation for injuries, many factors play into whether you do get compensation. These factors include:
- How quickly you sought medical attention for your injuries;
- The extent of your injuries;
- Any pre-existing medical conditions or injuries you had before the accident;
- Statements made to the other driver or other passengers after the accident;
- DUI or DWI charges associated with the accident;
- Personal injury limits written in your or the other driver’s car insurance policy.
These factors are by no means exclusive, but note the fact that the other driver is injured is not a part of the list. However, insurance does play a factor into how you are compensated.
Liability Insurance
As the party who is not-at-fault, if you do live in a at-fault driver’s insurance policy. All states have some sort of minimum coverage that drivers are expected to have, and liability insurance is normally that requirement. Liability insurance protects the driver from claims made by others for any act of negligence caused by the driver that leads to an accident. So, if the other driver caused the car accident, he or she would utilize his or her liability policy to cover injuries of the victim in the accident.
The at-fault driver, if he or she is injured, would have to seek payment for injuries from other coverage within his or her own insurance policy. It would not have an effect from your own claim on the liability insurance carried by the driver.
Exceeding Policy Limits
However, depending on the coverage of the other party, your injuries may exceed the policy limit carried by that driver. In that event, you may need to seek compensation for the remainder of your injuries directly from the driver him or herself. This would be through a personal injury claim likely through the court system, and it would be at this point that the other driver’s injuries would play a role. He or she may be unable to attend any court proceedings depending on how severely injured he or she is, or the driver may also not have the money due to the extent of his or her own injuries to pay much. However, courts will still take your own injuries very seriously, including your right to seek compensation.
What If the Other Driver is In a Coma or Dead?
If the other driver is seriously injured and is in a coma, you may not be able to personally reach the driver. However, you would be dealing with the person’s insurance company to begin with so this should not be an issue. However, in the event the other driver succumbs to his or her injuries from the accident, your ability to seek compensation from him or her does change. You will still have the right to be compensated for your injuries as the victim of the accident, but you will need to file a claim against the other driver’s estate to receive compensation. You would no longer be dealing just with the other driver’s insurance company but also his or her personal representative through the estate and likely a probate attorney. Payment may take a bit longer as estates go through the court system, but the validity of your claim and your right to seek compensation for your injuries would still be recognized.
Contact an Attorney Today
If you have been in a car accident and have questions about your ability to seek payment for your injuries, it is always recommended you contact an attorney today to discuss your case if you do not currently have a lawyer or have any questions. A licensed personal injury attorney will be able to evaluate your case and determine if you have a claim against the other party’s insurance company. To receive the compensation for your medical bills, property damages, and pain and suffering, you should speak with a personal injury attorney in your area today.
