What Happens if You're a Passenger in a Car Accident?

In most cases, if you were a passenger in a car accident you have the right to seek compensation for injuries.

Passengers are just as likely to suffer significant injuries in a serious motor vehicle accident as the driver.

It's just as important to seek representation as a passenger in a car accident to maximize what you may be entitled, same as for no-fault drivers.

9 times out of 10, passengers traveling in a vehicle will not be deemed at fault, and can seek recover from drivers responsible for the accident.

You may be able to file a claim against the driver of the other vehicle's insurance, your own driver's, or in some cases both insurance companies when responsibility is shared.

Determining liability is critical for your personal injury claim when injured as a passenger in a vehicle.

It will determine who has to pay for the costs of your injuries when pursuing full and fair compensation.

A skilled auto accident lawyer will be able to help review the circumstances of your collision to help determine your legal options for recovery.

To protect your rights, passengers involved in a car accident should discuss their case with a personal injury lawyer, right away.

As a passenger, a typical injury claim can be filed against the insurance company of your vehicle's driver, the other vehicle hit in the collision, or both insurers. It's important to remember, as a passenger you may have a claim to collect damages that is separate from the driver's claim. You may be able to claim damages from both drivers. In some cases, you may be able to file through your own uninsured motorist insurance if the driver was uninsured.

In most cases, as a passenger you won't be deemed at fault for an accident. However, fault and liability matters in a car accident get complicated fast. For example, knowingly getting into a car with a drunk or intoxicated driver may result in a passenger being deemed to have a share of responsibility for any injuries suffered - which can directly impact the value of your claim.

It's important to remember, for passenger occupants, the relationship with the driver and the circumstances of the collision can have implications for your ability to recover compensation, and you should seek a consultation from an accident lawyer to protect your rights. Whether the driver is a spouse or immediate family member can have policy implications for occupants of the car. We most commonly encounter this scenario in cases involving child passengers hurt in a wreck. The context of the incident matters, and at the end of the day, the insurance company will use every opportunity to limit what they have to pay and reduce their exposure.

Circumstances Where a Passenger May Be At Fault for Their Personal Injuries in a Car Accident

Choosing to Ride with a Driver Who they Knew was not Competent to Drive

Knowingly getting into a vehicle with an intoxicated driver or who does not have a valid driver's license may result in a passenger be found have some degree of fault with potential implications for a passenger compensation claim. There have been several court cases that have denied recovery to an injured passenger because they willingly rode with an impaired driver.

Choosing to Ride with a Driver During Inclement Weather Conditions

Knowingly traveling with a driver during inclement weather conditions, making travel unsafe and reckless, can result in a share of the blame for any subsequent accident falling on a passenger. Any situation in which a reasonable person would recognize as dangerous may be used to prove you were potentially negligent.

Reckless Behavior or Actions Taken by the Passenger

This can include circumstances where a passenger seizes control of the vehicle, grabs the steering wheel, physically obstructs the driver from safe operation, or distracts the driver recklessly. Insurers can argue that the reckless actions of the passenger contributed to the resulting accident and your injuries.

Car accident insurance claims in no-fault states are filed against your own insurance company up to the serious injury threshold regardless of fault determinations. In some at-fault states you aren't able to seek compensation if you are found to have contributed in any way to the crash resulting in your injuries. The best injury lawyers know details matter. Ultimately, the facts and evidence surrounding your wreck can have significant implications to your ability to seek compensation as a passneger to cover the costs of your medical care.

As a passenger, collecting as much information as possible in case you file an injury claim, is essential. Passengers in a car crash should take the following steps to protect their rights:

• Report the Accident to the Police:    Insist on calling the police to the accident scene and obtain the police report. The police report will include a determination of fault, their opinion of what happened, and a record of observable facts and physical evidence. The police report will generally include the insurance information of the involved parties.
• Seek Medical Treatment:    Always seek a doctor's diagnosis after a significant collision event. Accept medical care as a means of diagnosing the full extent of your injuries and documenting your physical condition. The medical records documenting the injuries you suffered in the accident are important evidence when filing an insurance claim.
• Crash Scene Evidence:    If your condition allows, take photos of the crash scene and the involved cars. Take photos of your injuries, and collect contact information from any witnesses to the wreck and the involved parties. Anything which may have caused the crash should be noted and documented.
• Don't Discuss Accident Details:    Avoid discussing your injuries or the details of the accident with the other involved parties. Avoid making statements to the insurance adjuster or speak with the insurance company until you've hired a car accident lawyer. Throwaway statements can harm your ability to recover fair compensation for passengers in a car accident. Let your personal injury lawyer handle all communications with the insurers and refer them to your attorneys.
• Settlement Offers:    Don't accept any settlement offer until you have reviewed it with an experienced injury attorney. The first car accident settlement offer after a severe injury is often significantly lower than what you may be entitled. A lawyer will be able to evaluate what your case may be worth and ensure you don't settle for less than you deserve.