How to file a car accident claim as a passenger

No passenger expects a car accident. But thousands of auto accident injuries occur every year to vehicle passengers. If you suffered an injury in an auto accident as a passenger, it’s critical to understand your legal rights. Learn more about filing a car accident claim as a passenger below. Direct your follow-up questions to your community’s experienced Augusta car accident lawyer.

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Drivers Must Drive Carefully To Avoid Passenger Injuries

When a driver operates a vehicle on public roads, they have a duty of care to others to drive safely and avoid injuring others. This obligation extends to other drivers, passengers, and pedestrians. If the driver of your vehicle fails to prove that they were careful enough to avoid injuring others in an accident, you, as the passenger, can file a claim for damages.

Details About Who Covers Your Damages As A Passenger

Let’s delve closer into the details about who may cover your damages when injured as a car passenger in an accident:

Filing With the Insurance Policy of the Driver of Your Car

In most cases, you will file a car accident claim with the driver of your vehicle if they caused the accident. You may need to file a claim on the driver’s bodily injury coverage if you are in a fault-based state.

If you are in a no-fault state, you may need to file your claim with your driver’s personal injury protection coverage or PIP. No-fault states usually require this coverage to pay an initial benefit for lost income and medical expenses after an accident.

Filing With The Other Driver’s Insurance Policy 

Did the other driver cause the crash that injured you as a passenger? Then, you can file your claim on their policy. Each state mandates the minimum insurance that every licensed driver must carry. Most states mandate that drivers carry both bodily injury liability and property damage liability.

If you file with the other driver’s auto insurance as a passenger, several potential issues can arise. First, if you live in a no-fault state, your injuries must be serious enough to meet the threshold for a third-party claim. However, most states do not follow no-fault auto insurance rules.

Next, the liable driver may not carry sufficient coverage to pay for your damages. Or they might not have any auto insurance. This is illegal, but many drivers do not carry auto insurance to save money.

Also, filing with another driver’s auto insurance can be difficult. Fault in the case may be unclear, and don’t be surprised if the adjuster contests the claim. This can trigger a convoluted process to determine liability, especially if several vehicles and drivers. exist

Filing With Your Personal Auto Insurance

Another option for an injured passenger is to file a claim with your insurance company. If your state requires you to have PIP, you can use your policy to pay your medical bills and lost earnings. However, your rates may rise, which isn’t fair because you didn’t cause the crash. Using your PIP benefits or other personal auto insurance coverage also will not pay for your pain and suffering. Someone with severe injuries as an injured passenger can have a lot of pain and discomfort from the injuries and resulting treatments.

Another option is your health insurance policy. Your health insurance may help pay for medical bills after a car accident when you were a passenger. However, if you receive a settlement from the at-fault party’s insurance company, your health insurance may seek reimbursement for their expenses. They can do so by contacting you or the at-fault insurance company.

If you decide to hire a car accident attorney, they can provide invaluable assistance in determining your accident coverage options after an auto accident as a passenger. Sorting through the myriad insurance options when accident fault is unclear is difficult without a dedicated legal advisor.

Can You Sue When Injured As A Passenger In A Car Accident?

Any passenger injured in a car accident usually has the right to file a personal injury claim against the at-fault driver. Once the fault is determined and insurance negotiations conclude, an insurance settlement usually resolves the case.

If the case doesn’t result in a satisfactory insurance settlement, you may have the right as a passenger to file a personal injury lawsuit against the liable driver. By filing a lawsuit, you escalate the matter, showing you are serious about not accepting less than you deserve. Litigation involves complicated rules and procedures, so you need an experienced car accident litigator handling your case in the event your claim requires a lawsuit.

What If The At-Fault Driver Is A Family Member?

One of the stressful aspects of suffering an injury as a passenger in a car crash is when the liable driver is a family member or friend. It can be difficult to accuse a loved one of causing a car accident. But remember that even when a lawsuit proceeds, the at-fault driver usually does not have to pay out of pocket. Their insurance company typically must cover your damages.

Auto insurance policies usually have carefully worded phrases detailing coverage when the policy applies to a family member. The language can be difficult to grasp if you don’t have a legal or insurance background. Here are some complex situations that can arise when the at-fault party is a family member and you are a passenger:

• If there is an auto accident, the driver’s insurance usually covers immediate family members, such as a spouse or children, but not an extended family member, such as a cousin.
• You are covered if you, the injured passenger, are a family member on the driver’s auto insurance. However, your ability to file a personal injury lawsuit can be affected.
• You, the injured passenger, can be barred from coverage if you knew when you entered the vehicle that the driver was intoxicated or otherwise cannot drive safely. For instance, if you saw the car driver consume five beers before driving and you entered the vehicle, the insurance adjuster may deem the matter reckless. This will affect your ability to receive compensation.

Auto insurance policies are often unclear and confusing, so ask a car accident lawyer to review the policy in question. That way, you understand the options for getting your damages covered.

What If You Were A Rideshare Passenger And Were Injured?

Uber, Lyft, and many other rideshare companies offer an inexpensive and convenient way for people in communities across the country to get around. Sadly, ridesharing drivers often get into accidents that cause serious injuries to vehicle passengers, other drivers, and pedestrians. Understanding how Uber, Lyft, and other rideshare companies insure their contractors is critical to obtaining damages if you are an injured passenger.

Rideshare companies usually have commercial insurance policies for their drivers that cover them when a driver has passengers. For instance, Uber has a one million dollar liability policy for drivers when a passenger is in the vehicle. So, if you ride in an Uber and your driver gets in a crash that hurts you, the one million dollar policy is in effect.

If the rideshare car doesn’t have a passenger, the driver’s auto insurance is usually in effect. So, if the Uber driver crashes between paying customers, the Uber policy is not in effect.

However, a personal auto insurance policy may not cover work-related activities like driving for Uber or Lyft. Rideshare company drivers are contractors, so they may have a limited ability to obtain compensation from the company.

Thus, if you are injured as a passenger in a rideshare vehicle, it’s crucial to promptly consult with a car accident attorney. This is because obtaining compensation when a commercial insurance policy is in effect is always more complicated than obtaining compensation under a personal auto insurance policy.

Can A Car Passenger Be At Fault for An Auto Accident?

Rarely, but it happens. These are potential scenarios where a passenger can be liable for an auto accident:

• They grabbed the steering wheel and caused the car accident.
• They forced something into the driver’s vision, preventing them from seeing the road.
• They made loud noises that startled the driver.
• They assaulted or touched the driver.
• They threw objects around the vehicle.
• They encouraged the driver to run a red light or stop sign, speed, or otherwise drive recklessly.

Unless one of these scenarios is involved, it’s unlikely that anyone can hold you at fault for a car accident as a passenger. There is always a strong assumption that a driver is responsible. However, if you face accusations as a passenger of causing a car accident, immediately hire a personal injury attorney. This is especially important if you suffered an injury in the accident because your ability to obtain compensation may be at risk.

How Much Compensation Can You Get After A Passenger Injury?

After being injured in a car accident as a passenger, you surely want to know what you can receive in compensation. You can generally receive fair compensation for your medical bills, lost earnings, and pain and suffering, including mental trauma and emotional suffering stemming from a physical injury. How much can you get? It depends. Here are the critical factors that determine what you get in your claim:

• The extent of your injuries and medical bills: This is the biggest factor in the money you receive after a car crash as a passenger. People with serious injuries and large medical bills almost always get more compensation. For example, if you slammed your head into the windshield and have a traumatic brain injury, you will need extensive medical care and rehabilitation.
• The amount of insurance coverage: It is common for auto accidents to settle for insurance limits. Unfortunately, if you have $100,000 in medical expenses and lost earnings, getting the full amount will often be challenging if the driver only has $50,000 coverage. However, meeting with them in person may be worthwhile if the driver possesses substantial assets that creditors could seize after a judgment.
• Whether you hire a car crash attorney: Injured parties usually worry about legal expenses. After all, how can you pay for a lawyer if you can’t work and have no cash coming in? Most personal injury attorneys operate on a contingency fee basis, so you won’t have to pay upfront for legal representation. Hiring an attorney after a serious car accident is almost always wise.

Speak To A Car Accident Lawyer Immediately

Suffering injuries in an auto accident is traumatic and stressful. Suffering an injury in a car crash as a passenger can be even more confusing. Whose insurance should you file your claim on? Can you sue the driver of your vehicle? The best solution is to speak to an Augusta personal injury attorney for a free consultation. The attorney can review your legal options and determine if you have a strong case.