Passenger In Car Accident Claim: Everything You Need To Know

Published: December 23, 2022

If you are a passenger in a car accident, you may be wondering what rights and remedies you have. The good news is that passengers involved in accidents have the same legal rights to seek compensation for damages as drivers do. 

In this blog post, we will explain everything you need to know about filing a passenger in car accident claim. 

The Law Of Negligence

When filing an auto accident claim, whether you are the driver or the passenger, it is important to understand the concept of negligence. Essentially, negligence is defined as acting carelessly or failing to take reasonable precautions when driving that results in harm or injury to another person.  

To successfully file an auto accident claim against the vehicle's driver, you must prove that they were negligent. Proving negligence can be difficult if there are no witnesses. However, if there is evidence, such as skid marks on the road or security camera footage, then this can help strengthen your case. 

Filing Your Claim And Available Damages 

Passenger In Car Accident Claim Filing

Once you have established that the other driver was negligent, you can begin filing your claim with their insurance company. In addition to medical expenses and property damage, passengers injured in automobile accidents may also receive compensation for the pain and suffering caused by the accident. 

Additionally, depending on your state's laws and insurance policy coverage limits, passengers may even be able to recover punitive damages from specific irresponsible drivers who were grossly negligent or intentionally reckless when driving. 

Third-Party Liability Claims  

In some cases involving severe injuries and multiple parties liable for damages due to their negligence during an auto accident, it is possible for victims (drivers and passengers) to pursue third-party liability claims against responsible parties outside of just the driver of their vehicle. 

This may include entities such as government agencies for hazardous road conditions or manufacturers for faulty parts that contributed to causing an auto accident. Additionally, passengers can also seek reimbursement from any uninsured motorist policies they hold themselves, if applicable in their state and situation.  

Let The Law Help You 

As a passenger involved in an automobile accident, it is important that you understand your legal rights so that you can get compensated for damages related to your injuries caused by another party's negligence. By understanding how the laws surrounding negligence work along with what types of compensation might be available after filing an auto accident claim, passengers involved in car accidents can rest assured knowing that they are well informed about their options moving forward with their case. 

If ever uncertain about something related to your own personal car accident claim case, however, it would always be wise to consult with a professional attorney experienced in handling these types of claims first before making any decisions on how best to proceed next with your case.

Do you know what to do when you're involved in a motorcycle accident? Check our blog on what to do when you're involved in a motor injury.

Founder, Editor-in-Chief Carmelo Pickel is the Founder and Editor-in-Chief of Keep Driving, with almost 20 years of experience working in the industry. Before founding Keep Driving, Carmelo held leadership roles for over a decade on top automotive dealership corporations across North America, handling various leadership roles in Sales, Marketing, and Incentives.
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