Imagine that you are riding along with your friend or relative down the highway. You are relaxing in the front seat as the car slows to a stop, when suddenly the vehicle behind you slams into you and your loved one. The drivers pull over to safety and exchange information, but what you are supposed to do? As the passenger, it can be a bit confusing to navigate the process following a car accident. Yet it is essential that you recognize your legal rights as the passenger and know you have the same rights as the drivers, especially if you were injured.
Your Rights as a Passenger
After a car accident, your responsibilities and rights are similar to the drivers’. Firstly, you have the right to receive compensation for any injuries and other damages you may have sustained. To exercise and defend this right, it is best to follow the steps below, just as the drivers will be doing:
- File a police report. Make sure to note your position as a passenger in the crash, and include all details surrounding the events of the collision.
- Gather evidence from the crash scene. Take photos and videos of all bodily harm and property damage you incurred.
- Seek medical treatment. Safety is priority. Get evaluated by a medical professional immediately and save the documentation to substantiate your claim later on.
The claims process will be slightly different for you than it would be for either of the drivers. This is primarily because you will not be obligated to prove fault in your accident. Further, there are numerous routes you can take to secure the compensation owed to you. These alternatives may change according to the details of your collision.
For example, if you are the passenger in a single-car accident, liability will likely fall on the driver of your vehicle. In this case, they would be responsible for compensating you for any damages you incurred. Of course, their liability may change if environmental conditions contributed to the crash.
If so, you would need to speak with your car accident lawyer to learn how to best resolve your case. (If you find that you are unable to secure compensation from the sole driver for any reason, you could potentially retrieve the funds through your personal injury protection policy, or PIP.)
Further Information on Your Rights as a Car Accident Passenger
As the passenger, you also have the right to file a claim against both drivers, if necessary. So, in cases where your damages exceed one driver’s policy limit, you have the right to file suit against the other to make up the difference. However, there may be circumstances in which neither driver has insurance. If this is true for you, your last resort is to pursue compensation through your uninsured or underinsured motorist policy.
Using all these alternatives, you can retrieve compensatory funds for:
- Medical expenses
- Bodily injury
- Property damage
- Reduced earning capacity or lost wages
It can be challenging to navigate the claims process as a passenger in an auto collision. Fortunately, you have the right to legal representation to make this experience easier. Contact a car accident lawyer today to initiate your claim.
