The Rights of a Passenger in a Car Accident

In the event of an accident, the rights of passengers are different from those of the driver or the other party. Being knowledgeable about your rights can help you claim what you are rightfully entitled to, irrespective of who may be at fault. In the majority of the scenarios, passengers are innocent victims.

As they were not behind the wheel, they can legally claim as a passenger for the damages from injuries. The claims are normally honored by the at-fault driver’s insurance company, irrespective of whether it is the opposite party or the driver of the car you were traveling in.

Liability and Insurance Coverage

Car accident liability is normally established by establishing the at-fault driver. However, irrespective of who it is, it does not limit the passenger’s right to recover damages. Passengers are entitled to claim against one or more insurance companies in case of multiple drivers.

If the driver of the car the passenger was traveling in is at fault, the insurance provider will automatically cover the claim.

In states where there are no-fault insurance laws in effect, the passenger can claim damages under personal injury protection (PIP) coverage notwithstanding who was at fault.

But states that follow traditional tort laws, at-fault driver’s insurance covers the medical bills, wage loss, and damages arising due to the accident.

Types of Compensation Available

Various forms of compensation an injured party is entitled to are:

• Medical Expenses: Hospital visits, surgeries, medication, physiotherapy, and other healthcare costs are covered.
• Loss of Wages: Compensation for wages lost from work resulting from accident-related injuries and recovery.
• Pain and Suffering: Redressal for physical and emotional pain brought on by the accident.
• Future Medical Costs: Anticipated medical treatment and rehabilitation arising due to the accident.
• Loss of Enjoyment of Life: Compensation for those whose mobility has been limited due to injuries or participation in daily activities or indulging in hobbies.

Strong and clear evidence of injuries sustained, treatment required, and the effect it had on their life has to be presented to secure compensation.

Situations That May Complicate Claims

Passengers’ rights have been enshrined strongly under the personal injury law; however, certain aspects can complicate the process.

For instance, if the passenger was related to the driver and shared the same housing unit, the driver’s policy would cover the passenger as well. Although some policies may restrict the claim.

In the case where the passenger got into the car knowing full well the driver was impaired, then the claim may be subjected to scrutiny.

In a scenario where there are multiple claimants and limited insurance coverage, the compensation may be divided among the claimants, reducing the amount received by each individual.

Filing a Claim as a Passenger

Injured passengers should:

• Obtain Medical Treatment: Seek medical help immediately and document injuries to establish a compensation case.
• Request a Copy of the Accident Report: Register a case with the police to pin and determine liability.
• Collect Witness Information: Collect statements from onsite witnesses to bolster their version of events.
• Gather Insurance Details: Get the insurance details of the drivers involved.

Personal injury claims have statutes of limitations, and therefore, time is of the utmost importance. The limitations vary from state to state, and delays can jeopardize a passenger’s claim for compensation.

Rights in Rideshare Accidents

Rideshare service passengers, such as Uber or Lyft, have similar rights. The services provide liability coverage for their drivers while ferrying passengers. If the rideshare driver’s fault is established, the insurance policy of the rideshare company may cover the medical bills.

However, if the opposite party is at fault for the accident, the claim may be filed against that insurance company.

Passengers should also be aware that there are different layers of insurance based on the status of the driver in the app at the time of the accident. For instance, if the ride was in progress or if the driver was waiting for a request.

Conclusion

Legal protections and compensation have been provided for the passengers regardless of fault. Understanding these rights and the process to claim is essential to pursue compensation for their injuries. Anyone injured in a vehicle collision is required to produce proper documentation, and awareness can help the passengers effectively navigate the process and obtain the support required for recovery.