In most cases, a passenger can’t sue the driver of another vehicle. However, this doesn’t mean it’s not possible for a passenger to get compensation from all the drivers involved in an accident.
This is especially true when a passenger suffers catastrophic and permanent injuries that exceed the liability insurance limits of all drivers.
Personal relationship with the driver
If you were injured as a passenger in a car accident and the driver was at fault, you may be able to sue them. However, this can be challenging.
One of the factors that can affect your case is your personal relationship with the driver. This can include your status as their spouse, immediate family member, or co-worker.
A common issue that can arise is the driver’s ability to get insurance coverage for your injuries. This can be especially challenging if you were riding with a loved one who was not insured.
Another thing to consider is the driver’s attitude towards their passengers. This can be a good or bad thing. If the driver is unfriendly or intolerant, they can make a passenger feel uncomfortable.
Insurance company will try to take advantage of your relationship with the at-fault driver
In many cases, insurance companies will try to take advantage of your relationship with the at-fault driver. This is because they have a vested interest in paying you as little as possible.
They may try to trick you into admitting partial fault, downplaying your injuries or even lying about the accident. In these cases, you need to speak with an attorney as soon as possible so that they can help prevent you from making costly mistakes.
Insurance companies often attempt to contact crash victims immediately after an accident and ask them to make a recorded statement. This can be very traumatic, and you should not provide the statement without speaking with an experienced personal injury lawyer first.
Failing to file a lawsuit within a certain time limit
If you are injured as a passenger in a car, your right to sue the driver for damages depends on a law called the statute of limitations. In most states, this time limit begins to run on the date of the accident.
To file a lawsuit, you must first serve the other driver with a document called a “complaint.” It will describe the facts of your case, explain how the defendant caused harm, and ask the court for relief such as money or a court order to protect your rights.
However, if you wait too long after the accident to file a claim, your case may be difficult to prove and you could lose your right to recover compensation altogether. This is why it’s always important to contact an attorney if you are injured in an auto accident.
Recovering damages
You may be entitled to recover damages from the driver if you were injured as a passenger in a car accident. This can help pay for medical bills, lost wages, and pain and suffering.
The amount of your recovery will depend on the severity of your injuries. Your attorney will calculate your losses based on the amount of medical expenses and loss of income.
This process can be time-consuming, so it’s important to work with a personal injury attorney who understands what you’re going through.
For example, your claim could include medical expenses for treating a broken bone or traumatic brain injury. You also might be able to receive compensation for therapy, since emotional scars may be lingering long after the physical injury is healed.