Can Injured Passengers Sue?

 

The drivers are usually the main focus after a car accident. What happens if a passenger is hurt in a car accident? Passenger who has been injured in an accident can be eligible for monetary compensation. There are many factors that affect the ability to recover and how much you can recover.

Liability

The plaintiff must prove that the driver is responsible if he or she sues the driver. The accident is either the fault of one or both drivers. The driver’s insurance policy will cover the accident if only one vehicle was involved. This case is simpler because the driver usually did something wrong or failed something that led to the accident. If there are two drivers involved, the insurance claim will be filed against the driver responsible for the accident. Sometimes, both the insurance companies are involved in the accident and file a claim until they determine fault.

Damages

Passenger may be entitled for damages that result directly from the accident. These damages could include property repairs, medical expenses, and lost wages. The plaintiff must provide proof of the damages he or she has suffered.

The Claim Filing Process

Passenger injuries are similar to those filed by non-negligent drivers. Each driver will need to provide information about the passenger. The passenger may file a claim against both the insurance companies. The circumstances will determine whether the passenger files one claim or multiple. A passenger can file a claim against another driver if the other driver was not clearly negligent, for example, being in a legal parked vehicle or rearended.

If the accident happened in a state of no fault, filing a claim might be easier. These claims don’t require that you show negligence to cover the medical part of the claim.

Settlement Questions

Next, you will need to try to settle the claim. If there were two vehicles involved in an accident, one party may not want to settle the claim because the other party is negligent. A second issue is if multiple people were in the vehicle at the time and suffered injuries. All injury claims are covered by insurance policies. In order to obtain the full compensation for serious injuries sustained by multiple passengers, the negligent driver may be sued.

Comparative Fault

Insurance companies might try to minimize their liability in certain cases by proving that the victim was negligent. If drivers are the only ones involved in an accident, it may be possible to show that the victim was speeding, disobeying traffic laws or engaging in distracting activities. This defense can be raised when passengers are involved. The comparative fault system in some states would reduce the passenger’s damages if the passenger was at fault for the accident. If the passenger contributes 10 percent to an accident and suffers damages of $10,000, the claim will be reduced by $1,000. The maximum amount that can be recovered would be $9,000.

Updated 01/18/22