When you’re a passenger, you trust the driver to ensure your safety and the safety of the other passengers in the car with you. However, accidents do occur. It can happen all of a sudden, and rarely ever presents a warning before things go wrong.
So, if you have been involved in a car accident as a passenger…
What’s Next?
First-time car accident victims may be unsure of what to do next. A passenger injured in a car accident has the same right to compensation as a driver injured in a collision. The issue of what to do after a car accident is critical to ensuring that your rights are protected and that you are fully compensated for your injuries and damages. A personal injury claim or lawsuit might be possible for you if you were in the passenger seat of a car involved in an accident.
Passengers who are injured in car accidents are entitled to compensation and may file a claim. You were not responsible for the accident, no matter how the driver of the vehicle you were riding in caused it. A passenger injured in an accident has the right to file a claim with each insurance company for each of the other vehicles involved. When your injuries are severe, the right to file a lawsuit against all the cars involved is critical.
If you are a passenger, you might have difficulty determining who was responsible for the collision. The answer depends on the circumstances of the accident and the conclusions reached by investigators. When you’re a passenger in a car, an accident lawyer can help you figure out whom to sue for personal injury.
According to a new study, one in three Canadians will be involved in a car accident at some point in their lives. We tend to freeze up in high-stress situations because we don’t know what to do next. If you are one of the victims (and a passenger), you need to stay alert.
In this article, we will discuss everything that you need to do immediately after the accident.
Things to Do After the Accident
Follow these steps if you were a passenger in a car accident:
- Keep your head up. Even though it may seem obvious, it’s worth keeping your wits about you. Before moving on to the next step, take a few deep breaths to center yourself.
- Stay at the scene of the incident. This may seem obvious; however, if you leave the scene of an accident, you could face fines or even criminal charges.
- Take a look at the injuries of all the people involved. Start by looking in the mirror. You need to check yourself first. Sometimes, a person gets so shocked n the accident that they tend to numb for a while. At this moment, you might not even be able to feel anything. Therefore, you need to take a good hard look in the mirror and check yourself for signs of injury.
- The next thing you need to do is to determine whether or not you can move. Check your movements. Ask yourself, “Can I freely move?” It would be best if you asked everyone in the car the same questions. You can proceed to the next steps once you have confirmed that the other driver and passengers are safe.
- Someone should move the vehicle. Move the car to the shoulder or out of traffic only if it is safe. Put on your hazard lights while you wait for the police to arrive, and don’t get out of your car in active traffic lanes.
- The next thing you need to do is to call emergency lines. You can reach emergency services at 911. Accidents involving more than $2000 damage to both vehicles, or if you believe that any drivers committed a criminal offense, should be reported immediately. You can call your local police station as well if nothing else works. A collision reporting center may be recommended by some stations, while others may send officers to the scene.
- Remember the details of the mishap as much as you can. Notice your surroundings. Please take note of the weather, road conditions, time and place of the accident, and anything else that might have contributed to its occurrence. Take a quick scan and jot down as many details as you can. The faster you are, the more likely it is to retain the relevant information. This way, you may be able to assist your insurance agent or broker, as well as the police, in their investigation of the car accident.
- Involve Other Parties in the Discussion. It would be best to inform the other driver and any other parties involved in the collision, of your identity before leaving the scene. This includes license numbers, names and phone numbers of all parties involved in the accident, and information about the insurance policies that might come in handy.
- Contact your insurance office immediately. Tell your insurance company about the accident. As soon as you call your insurance company to report an accident, they will begin filing your claim. The quicker, the better.
If a family member or a friend is responsible for the accident, should I file a claim as a passenger?
Remember that if the person at fault in an accident happens to be a family member or friend, there is no recourse against that person’s assets. Because their spouse, family member, or friend may have been at fault, many victims are reluctant to file a claim. You might be hesitant to file a complaint. This is because the insurance company ends up paying the settlement claim or the entire judgment without any deductible or payments from the family member or friend in almost every case.
Personal injury lawyers will help you get total compensation
As a passenger, you are not to blame for your injuries. It doesn’t matter if you were the passenger or the driver in a car accident; you can rely on your insurance company or personal injury attorney to fight for you and ensure that your rights are fully protected. If necessary, they will file a lawsuit to hold the parties responsible for your injuries accountable.
How to File a Claim?
Once you have responsibly handled the on-scene situation, you must file a claim to retain your lost assets. The following are some easy ways to tackle the accident.
Personal Injury Claims – Identifying the At-Fault Driver
Suppose you’re a passenger in a car accident. You can file a claim with your own insurance company, the other driver’s insurance company, or even both insurance companies.
Your Driver
Suppose you are in a car with someone else. In that case, that person is ultimately responsible for your safety. If an accident occurs, your driver may be held accountable and the driver may be responsible for your injuries. Some of your injuries may be paid for by the driver’s Personal Injury Protection (PIP) if the investigation shows that they were responsible for the accident.
Your injuries may not be covered by the insurance policy of the person who hit you. If their insurance doesn’t cover your damages, you can file a personal injury lawsuit to recover your losses.
The Other Vehicle’s Driver
Suppose the other driver’s insurance company determines that they were at fault for the collision. You can file a claim with them. When filing with your insurance company, you can do this in the same manner. If you are involved in an accident and suffer personal injuries, check if the other driver’s insurance will cover your medical bills. Taking legal action against the at-fault driver is an option if the money they offer doesn’t cover your losses.
Both Drivers Share Liability
Investigators or personal lawyers can conclude that all of the drivers were at fault in some cases. Passengers in one of the vehicles might be able to file a claim with both insurance companies to cover some of their medical expenses.
Coverage Expansion
You can sue the driver who hit you for additional damages if your injuries are severe enough. Suppose your injuries require long-term treatment or care. An attorney can fight for fair compensation on your behalf so that you don’t face further financial hardship in the future due to your ongoing medical conditions.
Considerations That You Might Not mention
If you are in a car accident as a passenger, you might think about a few other things. Your relationship with the driver is an essential factor to keep in mind. As a spouse or an immediate family member, you may be covered by their insurance policy and receive discounts on your premiums. If you ride in a car with a relative, you may waive your right to sue for damages in a personal injury lawsuit if you are injured.
You can be entitled to additional compensation if you were injured while being driven by a coworker, friend, or member of your extended family. As a passenger in an automobile accident, a personal injury lawyer can assist you in pursuing additional compensation for your injuries.
In the event of an accident, are passengers ever held jointly liable?
Passengers are rarely the cause of car accidents, according to renowned investigators. No matter who was at fault for the accident, you have the right to be fairly compensated for your injuries as a passenger. Your claim may be rejected in some cases by the driver’s insurance policy, however. For instance, you got into a car with a drunk or otherwise intoxicated driver.
The Need for Legal Counsel for Passengers in a Motor Vehicle Accident
You might be compensated for your injuries if you were a passenger in an accident-prone vehicle. The parties from whom you can recover damages in a personal injury lawsuit are determined by the specifics of your case, which are unique to you.
Every case at Phoong Law is approached with passion. The professionals at this law firm are always ready to assist you. If you’ve been injured in a car accident, contact them today and get your case sorted.
FAQs
What should a passenger do in a car accident?
Seek medical assistance. The first thing to do is get medical attention right away if there are any visible signs of injury. See a doctor soon, even if you don’t think you have been injured or your injuries appear to be minor.
Can I file a claim if I’m a passenger in a car accident?
Passengers, unlike drivers, are never to be blamed for accidents. Therefore, they are always entitled to the total amount of damages. As a passenger, it is possible to sue the driver of the car you were riding in for your injuries.
What are your responsibilities as a passenger?
As a passenger in a vehicle, you have a duty of care to ensure your safety. Passengers should not place their complete faith in the driver’s ability to keep them safe. Instead, they need to look out for potentially hazardous driving conditions.
Are the passengers insured in case of an accident?
Passengers are usually covered by the insurance policy of the driver responsible for the accident.
Can a passenger file a claim?
Suppose you are a passenger in a vehicle involved in an accident, and you are injured. In that case, you might be able to pursue compensation for your losses.
Can I claim whiplash as a passenger?
Personal injury claims for whiplash injuries can be made by anyone involved in a car accident, whether they were the driver or a passenger at the time of the accident. Most of the time, this will be against the negligent driver’s insurance company.
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