If you were injured as a passenger in a car accident, you can sue the negligent driver. You also have the option of filing a claim against the negligent driver. However, depending on the circumstances, these can be complex processes.
A personal injury lawyer with experience handling car accident cases can protect your rights and fight for the best possible outcome for your case.
Who Can I File a Passenger Injury Claim Against?
You can make a third-party insurance claim against the negligent driver in the car accident. In some cases, an injured passenger can make claims against both the driver of the car they were riding in and the other driver involved if it’s unclear which driver was negligent.
What Must I Do to Secure a Settlement as a Passenger?
When seeking compensation from a negligent party, you must prove four things:
- Duty of Care: The negligent party owed you a duty of care
- Breach of Duty of Care: The negligent party breached their duty of care
- Causation: The negligent party caused your accident through their breach of duty
- Damages: You have damages because of the accident
In car accidents where two cars are involved, one of the drivers will be at fault and held liable for the crash. When it’s a single-car accident, such as the driver going off the road and hitting a tree, the driver is almost always at fault as the driver acted negligently.
If you were a passenger in a car when it crashed, you must prove that you deserve settlement by providing evidence. That evidence should include your loss of income and medical records and bills. A lawyer can help you gather all evidence necessary to make your case.
Fault States Vs. No-Fault Car Insurance States
If you are an injured passenger in a no-fault car insurance state, then it is likely you’ll be covered by Personal Injury Protection (PIP), the no-fault policy carried by the driver of the car you were riding in. Usually, an injured passenger can’t sue the other driver involved unless your injuries are severe enough to meet the statutory thresholds set by the state the accident was in.
If the car accident occurred in a fault-based state, you can take action against the negligent driver, and the case would be settled once you complete your medical treatment. If you are an injured passenger in a two-car crash and there is no clear proof of who was negligent, both drivers are at fault. You may be able to seek compensation from both drivers’ insurance companies.
If you choose to hire a lawyer, they can negotiate settlements with each of the two drivers’ insurance companies. When an injured passenger files an injury claim, the claim could be settled seamlessly. However, problems arise sometimes.
Passenger Injury Claims When Neither Side Is Ready to Settle
Let’s suppose a two-car accident occurs and both drivers are found at fault. One passenger has been seriously hurt, and the filed claim is worth $100,000. The lawsuit ends up going to trial. After all the evidence and arguments are presented, the jury finds that both drivers are equally at fault. Each insurance company will have to pay $50,000 to the injured passenger in this situation.
Another situation may be when the injured passenger gets caught between the two insurance companies who are disputing which driver is more liable. This is when the injured passenger could use a strong personal injury lawyer to help resolve the case instead of being left in limbo with no settlement.
When Multiple Passengers Are Injured in a Car Accident
Things are much more complex when multiple passengers suffer injuries. Let’s take a car with four passengers, including a rear-ended driver. Everyone in the car is injured.
The negligent driver has four personal injury claims filed against them. Say the negligent driver is carrying $150,000 worth of liability insurance, but the total of the four injured passengers’ claims comes to $300,000. The result is that the injured people may be forced to settle for far less money than they should have coming to them.
If the four injured passengers can’t agree on how much they are each equally going to settle for, the insurance company will refuse to settle with any one of them until they do come to a mutual agreement. It may be possible to file lawsuits against the negligent driver so each injured passenger can potentially receive adequate compensation for their injuries and other damages.
George Sink, P.A. Injury Lawyers Can Help You With Your Injury Claim
If you were injured as a passenger in a car crash, it is essential to note the various complexities of filing a claim or lawsuit. An attorney from George Sink, P.A. Injury Lawyers can take your case and shoulder the burden of handling the legal matters. We have helped many clients across Georgia and South Carolina obtain the financial compensation they deserve. We want to help you, too.
Call for your free consultation today at (888) 612-7001. A team member is standing by to learn the details of your case and inform you of your options.