Can Passengers Get Compensated For Car Accident Injuries?
Car accidents are one of the leading causes of injuries and death in the United States. When injured victims file claims against other parties to claim compensation, the process usually concerns the drivers involved.
However, if you are the passenger in a car that gets into an accident, you also have the right to file a personal injury claim against the at-fault party. The process looks slightly different, especially concerning health insurance benefits and establishing liability. A devastating accident’s financial impact often goes beyond medical costs, personal property damage, and missed time at work.
Whether your driver, the other driver, or a third party is responsible for the collision, your financial future may depend on the outcome of an accident claim.
Determining Fault and Liability in a Car Accident as a Passenger
If you pursue a car accident claim as a passenger, you must establish liability with the responsible party. To do so, you must first determine who is responsible for the accident. Several parties may be accountable for your damages.
The Driver of the Vehicle You Were In
The driver of the vehicle you are in could cause an accident through negligent driving, such as speeding, distracted driving, or driving under the influence of drugs or alcohol. If they cause a car accident and you get hurt, the driver’s insurance coverage may cover your damages. If the policy is insufficient, you could file a personal injury claim in addition to the insurance claim.
The Driver of the Other Vehicle
If the other driver caused the car accident, their auto insurance company may be liable for your injuries. You must prove the other driver’s negligence to win a compensation claim if that driver’s insurance policy does not cover all the claim damages.
Shared Fault Scenarios
Many states operate with a comparative negligence statute. This means several individuals or entities will be assigned a percentage of fault for the car accident. In many of these states, the compensation you can claim will be reduced by the percentage of fault you had in causing the collision. In shared fault scenarios, calculating fair compensation is trickier.
Shared fault could also include third parties, such as vehicle manufacturers producing faulty parts, government agencies failing to maintain safe roads, or passengers in other cars who are distracting their drivers.
Types of Compensation Available to Injured Passengers
To receive fair compensation, you must know what damages are available in your case. The more significant the car accident’s impact, the more damage you may suffer. This can lead to larger compensation packages, even if you were just the passenger in a car accident.
You have the right to be compensated if you are forced to seek medical attention, miss time at work, or suffer the emotional consequences of a bad car accident.
Economic Damages
Economic damages are pretty straightforward. They include medical bills, lost wages, property damage if it applies to your situation, and even future medical expenses.
A wrongful death lawsuit is possible if a passenger in a car accident dies and they have surviving family members. A close family member could claim additional economic damages like funeral expenses and loss of financial support for the injured party.
Non-Economic Damages
Non-economic damages are about the long-term impact of the vehicle crash. They include pain and suffering, emotional distress, disfigurement, disability, and loss of enjoyment of life. In a wrongful death claim, the surviving family member could also claim loss of companionship.
Punitive Damages
Punitive damages are rare in personal injury cases. However, if the at-fault driver behaved with recklessness, punitive damages could be used to punish them further. Punitive damages could raise the settlement amount if you are injured in a car crash where the defendant behaved this way.
How to File a Claim as an Injured Vehicle Passenger
If you are struggling with injury recovery, medical bills, lost wages, or the emotional impact of a car accident, a personal injury claim could help with the financial side of things. To pursue compensation, you must understand the legal process for a viable claim.
Notifying an Insurance Company
Notifying the appropriate driver’s insurance company is the first step in building a successful case for an injured passenger in a car accident. That might be your driver’s insurance company or the other driver’s insurance company if they were at fault. Take this step as soon as possible because many auto insurance companies have short timeframes for when they should be notified of an accident.
Receiving compensation through the at-fault driver’s policy may depend on how soon you notified their carrier. If you are unsure of which insurance carrier to notify, asking an attorney first is a good idea.
Gathering Evidence to Support Your Claim
Evidence will be the key as you seek compensation to cover all your losses. The more data you have, the easier it is to prove that the defendant more likely than not caused the car accident that hurt you. Types of viable evidence include the police report, witness statements, medical treatment records, expert testimonies, images of the accident scene, and event data recorder information.
Lawyers specializing in car accidents know the most effective types of evidence and how to acquire that information.
Negotiating a Fair Settlement
State and federal laws protect you in the event of an accident if you pursue compensation. However, many passengers injured in car wrecks need to understand the full scope of these rights. Working with a car accident attorney will help you know your rights and negotiate for the proper settlement.
When dealing with an insurance company, your personal injury lawyer will know how to win fair compensation. Plus, a legal expert knows all the tactics the driver’s insurance company may use to claim you only suffered minor injuries or undermine your case. For example, claims adjusters will work hard to get you to admit fault, which would destroy your case.
Legal Considerations for Passenger Claims
If you think you have a personal injury case as a passenger in a car crash, it is essential to understand all the legal considerations at play. Ignorance of these statutes could result in your case being dropped. Here are a few things to know as a passenger who wants to claim compensation.
Statute of Limitations
Every state has a statute of limitations for personal injuries. This sets a deadline for when you can file a personal injury lawsuit. If you wait too long, it may no longer be legal to seek compensation for your losses. In Tennessee, you have 1 year to file a personal injury lawsuit, though there are plenty of variances across the country.
Be sure to hire a personal injury attorney quickly, or you might run into the deadline in your state. Speed is essential if you want to preserve evidence from the crash. The longer you wait to file your claim, the harder it will be to collect substantial evidence.
Passenger vs. Driver Claims
Passengers and drivers face differences in the claims process due to variations in liability and insurance coverage. Liability can be more complicated for passengers, especially if the driver of their vehicle is at fault. The driver’s insurance policy will impact the claim, depending on who is filing it.
Make sure you understand how your claim will be affected by the involved drivers and their respective insurance coverage policies.
Uninsured/Underinsured Motorist Coverage
If the at-fault driver does not have enough insurance to cover your losses, it is difficult to receive fair compensation. Underinsured and uninsured motorist coverage can protect you if that is the case for your accident, so consider purchasing this insurance in the future if you don’t already have it.
Having your own policy for underinsured motorist coverage will pay off if you get into this situation.
When to Seek Legal Representation
When does hiring a car accident lawyer for your claim make sense? Anytime you need clarification about the legal process or your rights as a passenger. Laws are difficult to navigate as a civilian, and it often takes the guidance of a legal professional to understand them. A personal injury attorney also gives you the best chance of winning compensation since they can collect evidence and build a strong case.
Working with lawyers after car accidents is wise if you are dealing with serious injuries, fatalities, disputes with insurance carriers, complex liability issues, or difficulty understanding your legal options. Legal guidance will be beneficial if the car involved in the accident is a rental car or third parties are responsible for the wreck.
Understanding your legal options and the best course of action in these scenarios is crucial, and a knowledgeable lawyer can provide the guidance needed to protect your rights and interests.
Protecting Your Rights as an Injured Passenger in a Car
Having the right legal team on your side can make all the difference in a claim after your auto accident. Whether you are facing intense medical expenses because of ongoing medical care, lost income from missed time at work, or emotional trauma from your injuries, you have the right to earn financial compensation for those losses. Mitch Grissim & Associates have a long history of helping passengers and drivers recover damages after they sustain injuries in collisions.
To get back on the road to financial recovery, call our team today at 615-255-9999 for a free consultation about your case or complete our online form. To make your decision easier, you can ask any questions you have about your claim status.
