Me and my brother was sitting in his car talking minding our business when a drunk driver out of nowhere lost control and hit us. We were sitting on our street parked. I'm injured he was as well. The person that hit us fled the scene but was caught later. The drunk driver has full coverage state farm. I'm I able to seek compensation being the passenger?
The short answer is yes. but you may want to speak with an attorney to go over the facts and ensure you are properly represented.
Yes, it is probable that the other driver/owner's auto insurance company will accept liability and pay for any damages.
However, your best bet to obtain the maximum settlement amount in this case is to ensure you have completed the necessary medical treatment and consult with an attorney in your area to obtain a more specific answer and get all of your legal options before deciding what to do. The attorney will also investigate all available coverages to ensure you have the maximum amount of coverages available to you. You may have some additional coverages on your own auto policy that can assist you of which you may not have been aware. You can use the "Find a Lawyer" link at the top of this page for names of attorneys in your area. Most offer a free consultation and work on a contingency fee basis, so you won’t have to pay anything up front.
I agree with counsel that you can absolutely seek compensation as a passenger involved in the accident. You and your brother may also have additional insurance coverage yourselves to help fully compensate you for your injuries.
Please contact an experienced local attorney to help prosecute your rights.
Good luck to you
Legal Disclaimer The purpose of this response is to provide general information. THE INFORMATION YOU OBTAIN IS NOT, NOR IS IT INTENDED TO BE, LEGAL ADVICE AND SHOULD NOT BE RELIED UPON. THE INFORMATION PRESENTED MAY NOT BE APPLICABLE TO YOUR PARTICULAR LEGAL SITUATION. Legal advice is based on an analysis of the law as it relates to a particular set of facts and circumstances. Behzadi Law Offices provides legal advice only after establishing an attorney-client relationship. You should always consult an attorney for advice regarding your individual situation. We invite you to contact Behzadi Law Offices and welcome questions via chat, calls, letters and electronic mail. However, please note that contacting us does not, by itself, create an attorney-client relationship. Therefore, please do not send any confidential information to us until such time as an attorney-client relationship has been established.
Hi. YES you are able to seek compensation as the passenger if you are injured due to someone else's negligence. You may be able to pursue the driver's coverage. In addition, you are still able to pursue the driver himself. In addition to normal damages, you may be able to pursue punitive damages for the hit and run. Of course, you should immediately contact an attorney to consult with to ensure you and your brother are properly represented.
I agree with the other attorneys--you should seek counsel and medical treatment ASAP. In Nevada, driving drunk and injuring someone triggers punitive damages, so the insurance company will generally settle faster and for more money in a drunk driving case than a straight negligence case.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline