If you do a quick web search, you will find that most of the information on the internet discuss how drivers should go about filing personal injury compensation claims. However, most cars that are involved in crashes tend to have passengers who also sustain damages, injuries, and losses. A passenger should also have rights. So what are your rights as a passenger? Can you file a personal injury claim against your driver if they were liable for causing the accident? How do you go about making a personal injury claim against your driver? In this post, we will explore and clarify the questions highlighted above.
When hitching a ride in a car, you have every expectation and hope that your driver will get you to your destination safely. However, sometimes, unfortunate accidents can occur, cutting your journey short. Should your driver make a mistake and cause a collision, you may end up nursing serious injuries that can be expensive to treat.
As a passenger who has sustained severe injuries and extensive losses in a recent auto accident, you may be wracking your brain on the kind of compensation claim you can file against the at-fault party(s) to get restitution for your losses.
It is important to keep in mind that each accident is unique in its own way. As a passenger, there are different ways through which you can seek compensation for your losses and damages against the parties liable for causing your accident. To create a clearer picture of the options you can explore, we have created a Q&A to guide you through the process of seeking compensation.
If you’ve been injured in a crash, a car wreck lawyer in Richmond can help.
Q: Can You Lodge a Personal Injury Claim Against Your Driver?
A: Yes. The moment you enter a vehicle as a passenger, your driver automatically assumes responsibility for your safety and well-being. If at any point in your journey the driver makes a mistake that leads to a collision, the driver has the responsibility of covering losses and damages using their insurance.
When creating an insurance plan, every driver should ensure that their insurance policy covers potential injury to passengers. On being involved in a car crash, you can file a personal injury claim against your driver and get compensation to cover any lost wages and treatment costs.
Sadly, the portion of a driver’s insurance coverage that is dedicated to passenger liability is usually very low. If you sustain extreme injuries and end with hefty medical bills, the compensation you receive from your driver may not be enough to cover all your expenses.
Q: Can You File a Claim Against The Other Driver Who Was Involved In The Accident?
A: It depends. If your driver was wholly liable for causing the accident, it might be impossible to pursue a claim against the other car driver. However, if your driver and the other driver share liability for the accident, you have a right to make a claim against the other driver’s insurance.
However, to get compensation from the other driver and their insurer, you will have to produce evidence showing that they were also liable for causing the accident. To do this, you will need to gather evidence and testimonies from witnesses who saw the accident happen. If you engage the services of a car wreck lawyer in Richmond, they will help you gather all the evidence and build a strong claim case against the other driver.
Q: Can You Seek Additional Compensation From Either Car Driver?
A: It depends. Depending on the severity of your injuries, you may choose to sue the at-fault driver(s) for more compensation. Seeking extra compensation from the at-fault driver(s) can be daunting. Still, it can prove to be extremely beneficial, especially if you have extremely high medical bills, or you will spend a long time in the hospital while recuperating.
Your relation to your driver is what will determine if you can file for extra compensation against them. If you are closely related to the driver in that they are an immediate member of your family, such as a parent or sibling, you may be considered to be dependent on their policy for insurance purposes. In such a situation, you cannot file a claim for extra compensation against the driver.
On the other hand, if you are not closely related to your driver, perhaps they are a friend or an acquaintance, you can file a claim to get extra compensation from them. Should you choose to seek additional compensation from your driver, it is best to seek guidance from a car wreck lawyer in Richmond.
Q: Can a Vehicle Passenger Be Considered Liable For Causing An Accident?
A: Typically, passengers are not usually considered at-fault for causing an accident. This essentially means that as a passenger, you can file a compensation claim and receive full compensation no matter who was liable for causing the crash. However, there are some cases when your claim case can get thrown out by insurance companies.
For example, If you know that a driver is intoxicated or under the influence of controlled substances and still proceed to hitch a ride with them, you may end up negating your right to compensation for any losses and damages you sustain if an accident happens. Though you will not be considered liable for the accident, you will also share responsibility for your losses and damages because you knowingly chose to get in the car when you knew the driver was incapable of safe driving.
A Car Wreck Lawyer in Richmond Can Help You Understand Your Legal Rights as a Passenger in a Crash
If you were involved in an accident caused by your driver, contact a car wreck lawyer in Richmond immediately to get advice on how to proceed with filing a claim. A skilled and experienced attorney will help you recover compensation to cover any lost income or medical bills you accrued while seeking treatment for your injuries.
It is important to understand your rights as a passenger when it comes to filing a claim against at-fault drivers after an accident. Ensure that you consult a Virginia personal injury law firm after the crash. Your car wreck lawyer in Richmond will help you determine who you can file a claim against and the ideal compensation amount to seek based on the unique circumstances surrounding your accident. Call CAIL today and schedule a free case review.
Let's get started with your free consultation!