Can a Passenger Sue a Driver in a Car Accident Personal Injury Case?
Posted Friday, November 15, 2019 by Chris Thayer
If you have been injured as a passenger in a car accident, you likely have medical bills, lost wages, and pain and suffering. While you are not liable for any damages (unless you acted negligently or recklessly to intentionally distract the driver), you may be wondering how you can receive compensation for your damages, and if you can sue the driver of the vehicle in which you were a passenger. As a passenger, you have many legal options to receive compensation for your injuries.
*Who Can You Sue as a Passenger? * As a passenger, you should obtain information from all the parties involved in the accident and receive the accident report and all pertinent information regarding your accident. You may file a claim and receive compensation from the following:
- Your Driver. You have the right to file a claim with the insurance company of the driver of the vehicle in which you were a passenger. If that insurance company does not offer you an adequate settlement, you have the legal right to pursue compensation through a court of law. Always remember, you are attempting to receive a monetary recovery from the insurance company, not the actual driver.
- Any Other Driver Involved. You also have the right to file a claim with the insurance company of any other driver who was either partially or completely negligent that either caused or contributed to the car accident.
- Your Own Insurance Company. If you happened to be the owner of the vehicle that was in the accident, with another driver, you may be able to file a claim with your own insurance company.
*What if the Driver Has No Insurance Coverage?* If you make the determination that your driver or any of the other drivers that were either partially or completely at fault for the car accident do not carry car insurance coverage, you may still have an option to receive compensation for your injuries. Always check your own insurance coverage to see if you have opted for either “Uninsured Motorist Coverage” or “Underinsured Motorist Coverage” on your own personal car insurance. These specific provisions within a car insurance policy may provide you coverage and compensate you for your injuries, losses, and damages.
*Should You Negotiate With Insurance Companies? * As an injured passenger in a lawsuit, you will likely have to negotiate settlement offers with insurance companies. With teams of people working on their side, insurance companies are notoriously known for attempting to get victims to make statements taking the blame, recording statements to be used against them, or manipulating what victims say to indicate that their injuries are not as substantial as they truly are. Insurance companies also attempt to delay settlement payment to attempt to have a victim miss a statute of limitations deadline to file their claim in court. If you decide to negotiate with an insurance company, make sure to never let them record you, and always know that they are not working for your side.
*Contact an Experienced Accident Attorney Today * If you were injured as a passenger in a car accident, you may have many questions regarding who you are allowed to sue, how to move forward with a claim, or how to negotiate with insurance companies. Our knowledgeable car accident attorneys can help you recover the compensation you deserve for your injuries. For a complimentary consultation of your case, contact our legal team at the Pivotal Law Group at 206-340-2008 or online today.