Passengers often have a better claim for bodily injury.
If you were injured as a passenger in a car accident, you have an absolute right to seek compensation from the at-fault party. Passengers in auto accidents have the same rights to recover damages as anyone else who is injured in a car crash. In fact, by virtue of passengers rarely owing a duty of care to their driver or other motorists around them, passengers often have a better claim for bodily injury than the person driving their car!
Simply put, a passenger is almost never at fault for a collision. This means that even if the person driving your car was the one at fault for the auto accident, you as a passenger can still fully recover all damages available under the law. This is why it is extremely important to talk with a personal injury attorney about your potential case if you are an injured passenger.
A passenger injury claim is complex because multiple insurance policies provide coverage
If you have an insured motor vehicle or live in a household with a family member that does, you have additional insurance coverage under Oregon law. This is because the vehicle that you are a passenger in must have insurance and your personal auto insurance stacks on top of the vehicle’s insurance to provide another layer of insurance coverage. This is called “stacking” policies, and it has been the law in Oregon since 2016. A passenger injury claim is complex because multiple insurance policies provide coverage.
Stacking becomes important when dealing with catastrophic, life-altering injuries that often require surgery and/or extensive medical treatment. It is imperative that if you are a passenger injured in a car accident you consult with an experienced auto accident attorney to determine what coverage applies to your claim. The sooner this is done after the crash the better.
Your family member or friend will not be paying out of pocket for your claim.
Passengers are often injured because the person driving their vehicle caused an accident. Drivers legally must have insurance. So normally when making a claim you're going after insurance companies not individuals.
One question we hear at almost every passenger injury consult is, what happens to my family member or friend who caused the crash? The answer is that any claim you bring will be handled by the insurance company. The insurance company has a duty to defend and indemnify their insured. This means your family member or friend will not be paying out of pocket for your claim. It simply does not happen.
The attorneys at Johnson Law have extensive experience handling passenger injury claims both through settlement and if necessary, in court. We provide aggressive, knowledgeable representation for passengers injured in almost every kind of auto accident. We offer free consultations either in-person or over the phone and there is no attorney fee unless we win your case!
If you or a loved one has a claim for serious bodily injury from an auto accident, you can always reach us by phone at 971-205-3266. Please call us to make sure you are not jeopardizing your right to receive fair compensation.
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