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How much can a passenger get in a car accident?

There is no set figure. In practice the ceiling is usually insurance rather than the injury. A driver carrying Tennessee’s minimums has $25,000 for any one injured person and $50,000 for everyone hurt in the crash combined. A abogado en accidentes de auto en Murfreesboro can tell you which policies are actually in play.

Injured passengers start from a strong position. A passenger in a car is almost never at fault, so the arguments that shrink most claims don’t apply to you.

Passenger in a car using his phone - How much can a passenger get in a car accident?

Who pays when a passenger gets hurt?

Whichever driver caused it, and sometimes both. If the other car ran the light, you file a claim against that driver. If the driver you were riding with caused it, you claim against them. If both contributed, each at-fault party answers for the share of harm their own driving caused.

It feels wrong to make a claim against a friend or a family member. But what you’re really doing is claiming against their auto insurance, which is what they bought it for. A personal injury claim doesn’t come out of their pocket unless it exceeds their insurance coverage.

There’s also MedPay. If the car you were in carries medical payments coverage, it pays your bills up to its limit no matter who was at fault, and using it can’t raise the policyholder’s rates.

What happens when several people are hurt in the same crash?

Things get a bit more complicated when several people get hurt in a car accident. Most policies carry two numbers: a per-person limit and a larger per-accident limit that covers everyone together.

Let’s say a driver carries the state minimum and four people are hurt. That is $50,000 for the whole crash, and no one person can take more than $25,000 of it. Serious injuries pass that in a weekend at the hospital.

So don’t take the first offer just because it arrives quickly. An adjuster who knows the pool is small has an incentive to close claims early. A lawyer’s job at that stage is finding coverage nobody mentioned and parties nobody named.

What if there is not enough insurance to cover your injuries?

Then uninsured/underinsured motorist (UM/UIM) coverage is the next place to look. You may have three shots at it: your own policy, the policy on the car you were riding in, and the policy of a family member living in your household.

One thing to understand before you count on it. Tennessee does not stack UM/UIM on top of the at-fault driver’s insurance. Your UM/UIM pays the difference. If the at-fault driver has $25,000 and you carry $100,000 in UM/UIM, the most that coverage adds is $75,000, not another $100,000.

Expect some friction. Your own insurance company is allowed to defend an uninsured motorist claim against you, which surprises people who assume their insurer is on their side.

What can an injured passenger claim?

Records carry the claim, so keep everything. A passenger can pursue compensation for:

  • Medical care: ambulance, hospital, surgery, therapy, imaging and medication
  • Medical bills: both what has been paid and what is still outstanding
  • Future medical: further treatment, surgery or in-home help a lasting injury will need
  • Lost income: lost wages while you recover, plus reduced earning capacity if the injury is permanent
  • Pain and suffering: physical pain, sleeplessness, fear of driving and the activities you have given up
  • Long term harm: scarring, permanent limitation and anything that doesn’t resolve

Get medical care promptly and keep going. A gap in treatment is the first thing an adjuster points at.

Does Tennessee limit what you can recover?

Partly. Economic damages, meaning medical bills and lost income, have no statutory cap. You prove the number and you can claim it.

Daños No Económicos are capped at $750,000 per injured person. That rises to $1 million for catastrophic injuries. The statute defines those as spinal cord injury causing paralysis, amputation of two limbs, third-degree burns over 40% of the body or face, or the wrongful death of a parent leaving minor children.

Now the part worth knowing. The cap disappears entirely in several situations, and one is common in these crashes. It does not apply if the at-fault driver was under the influence of alcohol or drugs, was convicted of a felony that caused the injury, intended serious harm, or destroyed evidence.

Hurt as a passenger? Weir & Kestner Injury Lawyers can look at your options.

Joe Weir and Tony Kestner spent years representing insurance companies before opening this firm. They know how a limited pool of coverage gets divided and how early offers are calculated.

Tennessee gives you un año from the crash to file, which is among the shortest deadlines in the country. We offer free consultations, we work on a contingency fee basis, and you pay no attorney’s fees unless compensation is recovered. Call (615) 220-4180 o Contacta con nosotros en linea.

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