Car accidents are unfortunately common, and drivers are injured frequently. While most people understand that injured drivers can file insurance claims or sue other negligent drivers, what about passengers? If you were a passenger in a car accident, you also have options for obtaining fair compensation.
An injured passenger has similar legal options to drivers. If you were a passenger in a car accident, you can file an insurance claim to recover damages or sue the person responsible for the accident. However, you do not necessarily need your own auto insurance. Since you were not driving, you do not have to have insurance, and the driver’s insurance should cover you. If they are uninsured or lack sufficient insurance, you may consider filing a personal injury lawsuit.
Talk to our New Orleans personal injury lawyers about your claims in a free legal review by calling the Schoenfeld Law Firm at (504) 688-7760.
How Can Injured Passengers Get Compensation After a Car Accident in Louisiana?
If a passenger is injured in a car accident, they deserve fair compensation just like the drivers. However, their legal options may differ from the driver’s, and they should contact a lawyer for help.
Auto Insurance
Although you might not have been driving the car, you can still file a claim with the at-fault driver’s liability coverage. Since passengers are rarely at-fault for accidents, there is a strong chance that your claim will be approved.
The thing is, the at-fault driver might not be the driver in the other car. The person driving the car you were in might be to blame. This can be difficult if the driver is a friend or family member, as you might not want to get them in trouble.
Remember, insurance is there for a reason. Do not be afraid to ask your loved one about their insurance so you can file a claim for things like medical bills. An attorney can help you file a claim to get compensation.
Personal Injury Lawsuit
If insurance is insufficient or unavailable, you may consider filing a personal injury lawsuit against those responsible for the car accident. Again, since passengers in car accidents are usually not at fault, their legal claims tend to be stronger, and a jury may be more likely to find in your favor.
If the at-fault driver is a friend or family member, you may have significant hesitations about suing them. A lawsuit could potentially end the relationship, and your attorney can help you explore all other legal options first. However, if you need compensation and the at-fault driver refuses to take responsibility, a lawsuit might be the best way to get what you need to put your life back together.
Settlements
It may be possible to avoid resorting to more adversarial means of obtaining compensation by working out a settlement with the at-fault driver and their insurer. In some cases, the fact that the injured passenger personally knows the at-fault driver may work in their favor. The driver might feel bad about what happened to their friend and be more willing to offer a generous settlement to make amends.
Who Should a Passenger Sue After Being Injured in a Car Accident?
If you want to file a lawsuit for the accident, you should speak to an attorney first. As a passenger, you may be able to sue one or both drivers involved in the accident. At the same time, the drivers might sue each other, and the case may become very complex.
The Driver in the Same Car as the Passenger
You may sue the driver who was in the car with you. Again, this can be difficult if the driver is a close friend or family member. However, if they refuse to take accountability for the accident or refuse to acknowledge your damages, a lawsuit may be the best way to get the compensation you need and rightly deserve.
The Other Driver
You may also sue the driver of the other car. If more than one other driver is involved, our New Orleans, LA car accident lawyers can investigate the accident to determine which drivers are responsible and which ones are victims like you.
Suing more than one driver can be beneficial, as you have a greater chance of getting the full extent of your damages when more than one defendant is held liable.
A Driver’s Employer
If one of the at-fault drivers was working when the accident happened, you may include their employer in the lawsuit. For example, if you were a passenger in a taxi when the accident happened, you can sue the taxi driver and the taxi company for your injuries.
Remember, to include an employer and have them held vicariously liable, we need to prove that the driver’s negligence occurred within the normal scope of their duties. If they were off-duty or did something that was not part of their job or unauthorized by their employer, vicarious liability might not apply.
FAQs About Fair Compensation for Passengers Injured in Car Accidents in Louisiana
Are Injured Passengers Covered by Car Insurance After an Accident?
Yes. An injured passenger in a car accident should be covered by insurance. They may be covered by the insurance of the driver in the car with them, or they may file a claim with the other driver’s liability coverage. Their own auto insurance may also cover them, if they have any.
Who Can an Injured Passenger Sue for Damages After an Auto Accident?
A passenger injured in a car accident may sue whoever is responsible for the accident. This includes the driver in the other vehicle, the driver in the same vehicle as the passenger, and any other drivers who may have contributed to the crash.
Can a Passenger Sue a Driver for an Accident if They Are Family?
Yes. While this may be an uncomfortable situation to navigate, you may sue the driver who was in the same car as you, even if they are a friend or family member. While this might not be ideal, it may be the best or only way for some injured passengers to receive the compensation they need.
What if a Passenger in a Car Accident Does Not Have Insurance?
If the injured passenger does not have car insurance, they may still be covered by the insurance of the driver in the car with them. Generally, when a person is driving, their insurance policy may cover them in addition to passengers in the car with them. You can file a third-party claim with their liability insurance, or the insurance of the other driver, to get compensation.
Can a Passenger Use Their Own Car Insurance After an Accident?
Yes. If a passenger has their own auto insurance, they may be able to file a claim with their own insurance even if they were not driving. This may be important if the at-fault driver in the accident is uninsured, and you must file a claim with your own uninsured or underinsured motorist coverage.
Ask Our Louisiana Car Accident Lawyers for Help with Your Claims
Talk to our Lafayette, LA personal injury lawyers about your claims in a free legal review by calling the Schoenfeld Law Firm at (504) 688-7760.
