What Are My Rights As a Passenger In a Car Accident?
When a motor vehicle accident happens, many different parties can be at fault, including passengers in the cars involved. Injured passengers generally have easier personal injury claims than injured drivers because liability is not typically an issue. In other words, unlike drivers involved in car accidents, passengers do not have to worry about proving liability in order to get compensation for the injuries they have suffered in the accident.
As such, if you were a passenger involved in a motor vehicle collision and suffered injuries as a result, you should immediately consult with an experienced Orange County accident attorney to ensure you obtain the full compensation that you deserve.
Proving Your Claim
Similar to any other personal injury claim, passengers injured in car accidents must be able to prove two factors in order to get compensated: liability (the defendant’s fault) and damages (the extent of the injuries that you suffered).
If the collision involved two vehicles, one of the motorists is definitely going to be at fault, or liable for having caused the accident. It is almost impossible to have a multiple car accident without at least one of the parties having caused the accident. On the other hand, if the accident only involved one vehicle (i.e. the driver hit a lamp post), then the motorist will typically be deemed at fault. As a general rule, if a motorist hits something, he or she most likely did something wrong (or failed to do something), amounting to negligence.
Filing an Injury Claim As a Passenger In an Accident
Passenger accident claims proceed similar to any other type of car accident claims, except that as the passenger, you do not need to make the claim against both drivers, assuming the accident involved a two-car accident.
You should still obtain the insurance information for all drivers involved in the accident and file claims with each motorist’s insurance company. However, certain exceptions do apply. For example, if one of the motorists was obviously not negligent, as a passenger in that car, you would not generally bother filing an accident claim against the driver of the non-negligent car.
Possible Problems Passengers Can Face When Filing a Personal Injury Claim
One potential problem that you may face as an injured passenger is if the accident involves multiple passengers. In such a case, the passengers will have to take their money from the same pot, even if there is only a small policy available.
Another problem might be if both motorists are at fault and neither side wants to settle. A fight over liability between the two insurance carriers can unnecessarily delay your settlement.
Call an Orange County Car Accident Attorney Today!
The legal team at the Law Offices of Samer Habbas is dedicated to helping our injured clients reach the best monetary settlement when they are involved in any type of accidents.
If you or a loved one has been injured in a car accident, or any other accident, caused by the negligent or reckless actions of another party, our experienced Orange County personal injury attorneys are available to personally review your case. Call us at 1-888-848-5048 to schedule a free, complimentary consultation with our legal team today.