Passenger Injuries in Car Accidents & Legal Compensation
Passengers who are injured in a car accident often have a strong basis for a claim to cover their losses. Unlike a driver who might bear responsibility for causing a collision, a passenger is rarely considered liable for a crash. Understanding fault principles and insurance rules is critical for pursuing a passenger injury claim.
Steps After an Accident
An injured passenger should obtain any necessary medical care, even if injuries at first appear minor. Seeking a professional evaluation ensures that all injuries are diagnosed and treated properly. It is also important to record as many details as possible about the collision. This includes gathering the names, contact information, and insurance details of every driver involved and the information of any witnesses. Photographing the accident scene, vehicle damage, and visible injuries helps preserve evidence. Reporting the incident to law enforcement and obtaining the police report further documents the specifics, including the officer’s impressions of fault and any citations issued.
Potential Passenger Liability
In most cases, a passenger is not at fault for an accident. Some jurisdictions, however, may allow the defense to claim that the passenger contributed to their own injuries. This partial liability might arise if a passenger knowingly rode with a driver who was impaired or if the passenger did something to distract the driver. Certain states also recognize the seat belt defense, which can reduce the passenger’s compensation if they failed to wear a seat belt in violation of the law. The degree to which compensation is reduced depends on the state’s comparative or contributory negligence rules.
Insurance Options for Injured Passengers
Sometimes multiple drivers may share responsibility for the collision, and the passenger can seek compensation from each negligent party’s insurance. The driver of the car in which the passenger was riding is one potential source of recovery if that driver was at fault. Other responsible drivers’ policies may also be pursued. Each insurance company will evaluate liability and damages, and the passenger may need to work with multiple insurers if several drivers share fault.
If the at-fault driver is uninsured or has inadequate coverage limits, the passenger may look to their own Uninsured Motorist or Underinsured Motorist coverage. UM or UIM coverage from the passenger’s own policy can help fill the gap when the at-fault driver cannot fully compensate the injured passenger. Some individuals also have umbrella or excess liability policies that might apply and provide additional funds once other policy limits are reached.
Personal Car Insurance for Medical Bills
Many auto policies include Medical Payments coverage, often known as Med Pay. This coverage pays for reasonable medical expenses for the policyholder and any passengers, regardless of who caused the crash. Although it usually has lower coverage limits, it can supply an immediate source of funds to help with medical care. Med Pay typically covers only medical costs and does not extend to damages such as pain and suffering or lost wages.
Health Insurance and Subrogation
Health insurance may cover treatment when an auto insurer does not immediately pay or while fault is still being investigated. After the passenger receives compensation through the at-fault driver’s policy, the health insurer may seek reimbursement for any medical expenses it covered. This process, known as subrogation, ensures that the passenger does not receive double recovery for the same medical bills.
Accidents in No-Fault States
In no-fault states, drivers and passengers usually turn first to Personal Injury Protection coverage for medical bills and a portion of lost wages. Fault is not a factor at this stage. A passenger may still bring a claim against the at-fault driver’s policy for damages like pain and suffering if their injuries reach a severity threshold set by the state, such as a permanent injury or medical expenses that surpass a specified amount. Each no-fault state imposes different rules regarding these thresholds and the process of pursuing additional compensation.
Rideshare Accidents
When a passenger is injured in a rideshare vehicle, insurance coverage often depends on whether the rideshare driver had logged into the app and was available or actively transporting a passenger. Commercial coverage provided by rideshare companies generally applies when a passenger is on board from pick-up to drop-off. If the driver was offline, the claim might need to be filed with the driver’s personal auto insurance. These scenarios can involve multiple insurers, and carefully documenting the status of the rideshare trip is crucial.
Compensation for Passenger Injuries
Recoverable compensation typically includes economic and non-economic damages. Economic damages are measurable items such as medical expenses, lost income, and future costs of care. Non-economic damages are awarded for intangible losses, including physical pain, mental anguish, and the loss of enjoyment of life. In certain states, a passenger’s failure to wear a seat belt or other actions contributing to the injury can reduce the total award.
