18 Jul

What You Should Do If You Were Injured In A Car Crash As A Passenger

Car Accidents, In the News, Personal Injury, Tips

What You Should Do If You Were Injured In A Car Crash As A Passenger

Know your rights!

If you were riding as a passenger in a vehicle that was involved in a collision, you may be entitled to financial compensation. A crash is never expected, always frightening, and often destructive to your health. You may not have had control over the situation, but you do have control over what happens next; it’s important to understand what options are available to you as a passenger so you can decide what course of action, if any, to take! 

Here are some frequently asked questions we hear from passengers who have been hurt in a car crash:

Can I make a personal injury claim after a car accident occured if I was a passenger? 

Yes! In fact, those cases are easier to litigate than those for drivers or any other personal injury plaintiff, because there is no need to prove liability. 

Anyone seeking a personal injury settlement in a car accident must be able to prove two things: that the defendant was at fault (liability), and that their injuries resulted from the accident. In a two-car collision, at least one of the drivers will be deemed negligent in some way, so the passenger does not need to make a case for liability. 

You may seek damages for medical bills like hospital stays, doctors’ fees, therapy bills, and devices, or for lost wages, future lost wages, emotional distress, or pain and suffering if you were a passenger during a crash. 

What about a single-car accident, or an accident where I wasn’t the only passenger injured?

In a crash that only involved one car, it will usually still be simple to prove negligence – the driver is typically at fault for colliding with a tree, light pole, parked car, etc. (There are exceptions to this; if the driver hits an animal that ran in front of them, for example, it is likely they will not be found negligent.) If you were a passenger in a single-car accident, you can take legal action against the driver of the car you were in. You may feel guilty about filing a personal injury claim against someone you know, but remember that you are not suing them. You were physically harmed and are protecting your right to be compensated by the insurance company for what your injuries will cost. 

In a crash where multiple passengers sustained serious injuries, and the total expenses of the injury cases is greater than the driver’s insurance, each individual will have to settle for less than what their case is worth. If the individuals cannot agree on divided amounts, the insurance company won’t settle at all. Other suits must then be filed in order to get a just settlement. Getting the amount you deserve is complicated, but possible with the right law firm!

How do I file a passenger personal injury claim?

You need to obtain the insurance information for each driver, and then file claims with the insurance companies. However, in a case where both drivers are found to be at fault or there are multiple passengers, the process for being awarded damages may be long, complex, and frustrating. You should contact an experienced personal injury attorney almost immediately after the crash to see what options are available to you and to make sure you get the maximum settlement possible. You should also be examined by a doctor immediately after the crash so they can assess your injuries; even if you may not feel anything, after the adrenaline wears off you may find yourself in chronic pain. 

What if both drivers are at fault?

Each driver’s insurer pays their portion of liability. If you have a $50,000 claim, and the liability is 50/50, then each company gives you $20,000. If the case does not go to trial initially, and neither insurance company wants to settle, a fight over liability will ensue, which could drag on for months or years. If the case goes to trial, the jury will assess the share of liability each has (50/50, 75/25, etc.) and the insurance companies will have to abide by the court’s decision. 

Does it make a difference whether or not my state has no-fault laws?

Yes, it does – if you live in Florida, for example, a no-fault state, you would file a Personal Injury Protection (PIP) claim and receive a payout from the insurance coverage of the driver you were riding with. If your injuries are severe enough, they may meet the standard for taking a claim out of no-fault. Your lawyer can help you understand your state’s requirements and the type of claim you should make depending on your injuries! 

What settlement can I expect?

The maximum amount you may be eligible to receive varies greatly based on the details of your case and the skill of your lawyer, which is why it is so important to trust a seasoned expert who has experience in getting compensation for injured passengers. However, if you are successful, you can be awarded damages for any medical expenses, expenses such as lost wages (both current, partial future, and future), and expenses that serve as restitution for emotional trauma. 

Being injured while traveling as a passenger is unpleasant and unfair. You were the victim of someone else’s negligence, and you shouldn’t suffer for it without compensation. If you’ve been hurt in a car accident where you were a passenger, it is in your best interest to hire a car accident lawyer who can review your case, walk you through the claims process, and help you understand what options you have that you may have never realized were available to you! 

The Florida Law Group has over 100 years of collective experience winning cases on behalf of personal injury plaintiffs. We have recovered millions of dollars for car accident victims, and we don’t settle for anything less than full compensation for our clients. Our lead trial attorney, Chris Limberopoulos, is a Board Certified Civil Trial Specialist, a distinction that less than 1% of lawyers in the state of Florida have earned. Our firm has been featured on ABC, NBC, the New York Times, 20/20, and several prestigious lawyer associations like the Best Lawyers in America® and the The National Trial Lawyers Top 100. 

We work on a contingency fee basis, meaning that you only pay our legal fees if we are successful in recovering damages. Contact us today for a free case evaluation!