As a passenger in a car accident, you have unique legal rights that differ from those of the driver. Passengers are almost never found to be at fault for a collision, which puts you in a strong position to recover compensation for your injuries from multiple sources.
Why Passengers Have Strong Claims
Unlike drivers, passengers typically bear no responsibility for causing an accident. This means you don't have to worry about comparative fault reducing your compensation. You can pursue claims against the driver of the vehicle you were in, the other driver, or both.Depending on the circumstances of the accident, you may be able to file a claim against:
- The at-fault driver's insurance - If the other driver caused the accident, their liability insurance should cover your injuries
- The driver of your vehicle - If the driver you were riding with was at fault, you can file a claim against their insurance
- Both drivers - If both drivers share fault, you can pursue claims against both insurance policies
- Your own insurance - Your own uninsured/underinsured motorist coverage may apply if the at-fault driver lacks adequate insurance
1
Seek Medical Attention
Your health comes first. Get medical treatment as soon as possible, even if you think your injuries are minor.
2
Document the Accident
Take photos of the accident scene, your injuries, and vehicle damage. Get the names and contact information of both drivers and any witnesses.
3
File a Police Report
Make sure a police report is filed. This official document will be important evidence when filing your insurance claim or lawsuit.
4
Do Not Give Recorded Statements
Insurance adjusters may contact you quickly. Do not provide recorded statements without first speaking to an attorney.
- Medical expenses (emergency room, surgery, rehabilitation, therapy)
- Lost wages from missing work during recovery
- Future medical care costs
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life