If you or someone you know was a passenger in a vehicle involved in a collision, or if you were a pedestrian hit by a car or truck, you should immediately seek medical treatment to determine the nature and extent of your injuries. You should not delay seeking medical treatment while waiting to determine who will pay for your medical care. As a passenger or pedestrian, there are a number of sources available to pay for your medical treatment and to compensate you for other damages that you may have incurred, such as pain and suffering, emotional
distress and lost wages.
First, as a passenger, the driver of the vehicle in which you were riding may have a provision in his automobile insurance policy called "medical payments to others." This is sometimes referred to as "med pay" and allows your treating physician to bill the insurance company directly for your medical care. The driver of the vehicle may also have been totally, or partially at fault for causing the accident, and he and his insurance company might be required to pay for your personal injury damages. In addition, if all vehicles and drivers were uninsured, or had insufficient insurance to fully compensate you for your injuries, a claim can be made against your own insurance company, through the uninsured or underinsured motorist provision contained in your policy.
In a very recent case handled by Mr. Achrem, in which a bicyclist suffered a severely-broken wrist when she was cut off by a careless driver, he was not only able to settle her claim against the adverse driver for his policy limits of $25,000, but he was also able to obtain an additional $100,000 for his client by filing a UIM claim with her own automobile carrier, and successfully arguing that because her policy covered "vehicles" and a bicycle is a vehicle by definition, her claim had to be covered.
When we take a case where a passenger was injured, oftentimes we will file a motion for partial summary judgment on the issue of liability. When that motion is granted, the Court rules, as a matter of law, that the other driver is legally responsible for causing the accident. With liability no longer in question, the only remaining issue for the jury to determine is the amount of damages to be awarded.
Determining who is responsible for your injuries and damages, and whether or not there is insurance to pay for those damages, can be quite complex. You should therefore consult with an experienced attorney as soon as possible.
With over 40 years of combined legal experience, we have the resources, expertise and legal knowledge it takes to protect your legal rights.
Achrem & Associates
"From the claim to the courtroom, we're there when you need us most."