Being a victim in a traffic accident can be perplexing and frightening, both during the accident and in the aftermath. You could be wounded, and your life could even be at risk. And if that happens, you will be entitled to file a claim on the auto insurance policies of the person with whom you are commuting and the driver of the other vehicle.
It all depends on who caused the crash. If you have insurance, you will be eligible to file a lawsuit against it. Consider consulting a car accident attorney so that things do not get overwhelming for you.
Choices You Have
Here are the choices for making a lawsuit as a passenger in a car accident, along with when each should be considered.
- Send a petition to the other driver’s insurance provider.
- Make a claim on your driver’s insurance.
- Make a claim for your own insurance company.
What Are My Rights as a Passenger in a Car Accident?
You have the same right of compensation as a driver if you are a passenger in a traffic crash. Though you won’t be able to claim liability for crash damage unless the collision happened while you were driving your car, you can also seek coverage for the injuries you sustained in the accident. This contains the following:
- Compensation for medical expenses: You reserve the right to demand coverage for any hospital costs sustained due to the injury after an auto crash. It covers everything from emergency services, ambulance service to months of physical therapy after the crash. Keep track of all of your medical costs so you can get a real sense of how much you receive in compensation.
- Compensation for a loss of income: Losing income when recovering from the injury can be devastating, especially for those who work hourly or do not have paid time off. Fortunately, such missed earnings will be compensated as part of a personal injury lawsuit.
- Compensation for misery and discomfort: You, including the driver of the car and all other occupants, have the right to seek restitution for injury and disability in addition to financial damages. Consult an expert for adding pain and suffering in a medical injuries lawsuit.
Can a Passenger Sue a Not At-Fault Driver?
No-fault insurance is offered in many jurisdictions, including Georgia. In these jurisdictions, the right to prosecute the at-fault driver is usually limited to collisions that end in injuries that surpass a certain monetary threshold. The order in which a lawsuit can be pursued is outlined by statute. A car accident attorney can guide you in the right direction.
You must suffer one of the following injuries as a result of the car crash to file a claim as a passenger in a vehicle in the state of Georgia:
- Fracture of the bones
- A significant disfigurement has occurred
- Limitation of the use of a body part or organ that is significant or permanent
- For at least 90 days, you must be significantly impaired
You are not limited to filing a personal injury report for your personal policies if your conditions follow at least all of the definitions mentioned above. A third-party allegation or a personal injury case can be likely to keep the at-fault driver accountable for the crash. You will also be entitled to claim compensation for any non-economic damages you have endured, such as pain and misery.
Can I Sue if I Was a Passenger in a Car Accident?
In most cases, any passenger who gets injured in a traffic crash has the legal right to make an insurance claim. A passenger can also file a personal injury claim if applicable. After a car accident, a rider can make a claim or file a complaint against the driver whose negligence caused the accident.
The Passenger in a Car Accident Settlement
In traffic collisions, the drivers earn a lot of publicity. Passenger deaths in auto crashes, on the other hand, are deserving of consideration when drivers often experience injuries that are almost as severe, if not more severe, than their passengers.
If you’re a passenger in a vehicle that was in an accident and were injured as a result of the accident, you probably have a lot of concerns about whether you should prosecute and how you can sue.
When it comes to suing, one of the first things we tell our victims is that they have the same rights as the driver—and in certain situations, rights that drivers do not.
You will sue the other driver for negligence if you are a passenger in a traffic crash and the other driver is at fault. If the driver of the vehicle you were sitting in was at fault, you could sue them for damages. Furthermore, if both drivers are similarly to blame, you have the right to sue both of them for damages.
Most vehicle insurance plans give double as much coverage for all people involved in a car crash as they will to a single person injured in the same accident. This lets the insurance provider cover itself in the case of a collision, but it does not benefit the passengers.
If you were injured in a collision involving a car full of people, for example, the amount offered by an insurance company would have to be divided among several passengers. If an accident involves a person that only holds the bare minimum of liability insurance, anyone injured in the accident will be left with only $30,000 in compensation.
When you’re in the back seat of a passenger car, you are vulnerable to your driver’s recklessness. Amidst such a situation, call us to hire a car accident attorney in Decatur, Atlanta, if your safety is compromised.