Car accidents can be devastating and confusing, especially for passengers. Unlike drivers, passengers typically bear no fault for an accident, yet they often suffer injuries and emotional distress.
Many people aren’t even aware of the compensation for passengers in car accidents, and instead of filing a claim, they simply let it go.
Passengers need to understand their rights to ensure they receive proper compensation and support. This article does its bit in this regard. The sections below talk about the different rights of a passenger after a car accident.
The Right to Medical Care
Your health and well-being should be your topmost concerns as a passenger involved in a car accident. Know that you have the right to seek medical attention immediately after the accident, regardless of the severity of your injuries.
If you require emergency medical attention, ensure that it is documented thoroughly in hospital records. Even if injuries seem minor, consult a doctor for follow-up care, as some injuries, such as whiplash or internal trauma, may not appear immediately but later.
The Right to File a Claim
As a passenger, the law permits you to file a claim to seek compensation for any injury or damage that you suffered from a car crash. Depending on the circumstances, you are allowed to file a claim against the driver responsible for the accident.
As a victim, you are not restricted to choosing only one party for compensation. You can also file claims against multiple insurance companies if more than one driver is at fault.
The Right to Full Compensation
All passengers have the right to be compensated for all damages incurred due to the accident. This includes:
- Medical Expenses: This includes the total cost of hospital bills, medication, physical therapy, and other medical needs.
- Lost Wages: If the injury had prevented you from working, then you are entitled to compensation for lost income.
- Pain and Suffering: You can also be compensated for emotional distress, mental anguish, or diminished quality of life.
Although the at-fault driver’s liability insurance often handles these claims, as a passenger involved in the crash, you may also benefit from your personal injury protection (PIP) coverage. Note that it depends on the state where the accident occurred.
The Right to Legal Representation
Navigating the aftermath of a car accident can be overwhelming, especially when dealing with multiple insurance companies. As a passenger, you have the right to hire an attorney to represent your interests.
The Right to Remain Free from Fault
Passengers are generally not held liable for car accidents since they have no control over the vehicle. Insurance companies and courts recognize this, ensuring that passengers are treated as innocent parties.
However, there are rare exceptions, such as when a passenger knowingly distracts the driver or encourages them to engage in reckless behavior. In such cases, the passenger’s actions may be questioned.
The Right to Refuse a Settlement
Insurance companies may offer a settlement soon after the accident, but you have the right to refuse any offer that doesn’t adequately cover your damages.
You should never feel pressured to accept a settlement without proper consideration or consultation from your attorney.
The Right to File a Lawsuit
If insurance claims do not result in fair compensation, you are at liberty to file a personal injury lawsuit against the at-fault party. Filing a lawsuit may result in additional compensation, especially for long-term injuries or extensive damages that you have suffered from the crash.
The Right to Privacy
You also have the right to privacy during the claims process. Insurance companies and attorneys may require access to medical records, but they cannot invade your privacy beyond what is necessary to the case.
