Passengers harmed in a car accident have legal rights that are often broader than they realize. Passengers are not frequently at fault for accidents, which could make some portions of a personal injury claim easier, but you still need to keep good records and be on time.
No matter who was at fault, as a passenger in a car accident, you usually have the right to recover compensation. Knowing how passenger claims work, what proof is needed, and how insurance works will let you know what to expect when you file a claim.
What do passengers have the right to do after a crash?
Usually, passengers can recover money for injuries caused by someone else’s recklessness. This could be the car’s driver, another driver, or several people if they share blame.
The car’s passengers are usually not to blame for the accident since they weren’t driving. This status can help settle arguments about who is to blame, but insurance companies may still look into the case in considerable detail.
Who can a passenger take to court?
The passenger’s claim depends on what happened in the collision and who was at fault. Often, the claim is made against the driver’s car insurance policy.
Here are some areas where you might be able to receive help:
- The insurance policy of the driver that caused the crash
- The car insurance that the passenger has
More than one policy if more than one driver was careless
State responsibility laws determine who is at fault and whether multiple claims can be processed simultaneously.
What kinds of damages can passengers who were wounded receive?
Accident victims can seek compensation for both economic and non-economic damages. Economic damages are losses that can be evaluated, while non-economic damages are how the accident affects your daily life.
Some common categories include:
- Costs of medical care and therapies in the future
- The loss of wages or the ability to earn less
- Pain and suffering
- Emotional suffering and lack of happiness in life
The amount of damages and how easy they are to get depend on state law and how bad the harm is.
What kind of proof can aid a claim for passenger injuries?
Insurers and courts use paperwork to connect injuries to the crash and figure out how damaging they are. The following proof might be helpful:
- Reports of police accidents
- Medical records and photos taken for diagnosis
- Photos of the automobiles and the scene
- What drivers and people who saw it happen said
Getting medical care quickly is vital, as waiting can make it harder to find the cause.
How insurance affects passengers’ claims
Each state has its own rules about what kind of insurance you need. This is especially true in states that do not have culpability rules, where personal injury protection (PIP) coverage may come first. Liability insurance frequently pays for recovery in states that adopt fault-based systems.
Knowing which policy applies can help passengers avoid delays and obtain different communications from their insurance companies.
Timing, reporting, and real-world problems
Passengers should tell someone about any injuries straight away and keep copies of any medical bills and correspondence they get. Injured passengers have a certain amount of time to launch a claim because of statutes of limitations. They might not be able to obtain any money if they miss certain dates.
If the driver who caused the accident is underinsured, the claims process may be more difficult. Depending on the insurance in question, uninsured or underinsured motorist coverage may apply in some instances.
Key Takeaways
- After an automobile accident, the people in the car normally have the right to ask for compensation.
- You can sue one or more drivers who are at fault.
- Passengers may be able to claim money for both economic and non-economic damages.
- Crash reports and medical records are very essential pieces of evidence.
