What to Do if You Are Injured in a Car Accident as a Passenger?

May 6, 2020 | Car Accidents

If you are injured in a car accident as a passenger, you might be concerned about what happens to a passenger in a car crash. Missouri uses the “comparative fault law“, meaning, if a valid passenger injury claim in St. Louis is brought, the negligent driver is liable for damages.

Depending on the circumstances of the accident, this could apply to both the not-at-fault driver and occupants in the vehicle at the time of the crash. If this happens to you, you should seek legal advice.

Passenger Injuries

Car accidents happen every day, for many different reasons. If you suffered injuries in a car accident as a passenger, you could be eligible to sue the at-fault driver for damages.

Depending on factors, such as what caused the accident, which driver is responsible for causing the crash, the severity of your injuries, and whether the negligent driver carries insurance, you could claim compensation for medical expenses, pain and suffering, lost wages, property damage, and other expenses that stemmed from your injuries.

According to the National Highway Traffic Safety Administration, while passenger vehicle drivers are the most likely car accident victims, an estimated 17% of car accident fatalities in 2018 were passengers, which translates to roughly 6,368 passenger-related fatalities.

Fatal passenger injuries in Missouri accounted for 556 fatalities in 2014, while thousands of non-fatal car accident injury claims are made each year. The most common passenger injuries in Missouri include:

In most accidents, if the at-fault driver has bodily injury or property damage coverage under their insurance policy, their insurance company covers passenger damages. However, in situations that involve an uninsured or underinsured driver, or a rideshare driver, it can be challenging to discern the options available as a passenger, even when you have a serious injury.

In addition, it is often the case that multiple insurance policies may apply to cover the damages.

Call or email the Personal Injury Attorneys at Dixon Injury Firm today to schedule your free injury claim consultation with Chris. Our experienced lawyers make the difference.

What Are My Rights as a Passenger Involved in a Car Crash?

If you happen to be riding in a vehicle that’s involved in an accident, you might not realize it, but just like whoever is driving, you still have legal rights. If you’ve been injured in a car accident because of the negligence of one of the drivers, you have the right to medical treatment, to file a legal claim for personal injury, and get the compensation, and medical payments that you need while you recover from the injuries you sustained.

These are just some of the passengers in auto accident benefits you can expect.

Passengers have the same vulnerability as drivers when it comes to being injured in a vehicle accident, and with some types of accidents, can be even more susceptible to fatal or serious injuries. If you’re injured as a passenger in a car accident, it is within your rights to file a lawsuit.

What Is a Third-Party Injury Claim?

This is a type of claim that is made by an injured passenger in a car accident against an insurance company that isn’t their own. Actually, third party claims happen to be one of the most commonly seen types of claims that are made against vehicle insurance companies.

Filing a Passenger Injury Claim in St. Louis

If you suffer injuries as a passenger in a car accident, under Missouri’s Statute of Limitations, you could be entitled to compensation. Typically, with proof of injuries, evidence of the accident, the other party’s information, and a St. Louis passenger injury lawyer, victims can recover compensation for all the damages in an accident.

However, it’s often more difficult to pursue a car accident claim if the situation involves an uninsured driver or a driver without enough insurance.

In passenger injury claims that involve an uninsured or underinsured at-fault driver, the at-fault driver can be sued directly, with help from an experienced lawyer, for damages not covered by their insurance policy. Generally, passenger injury claims in St. Louis are settled through negotiation, but in cases that involve unclear fault, or the at-fault driver refuses to accept full responsibility, damages can be recovered by pursuing a lawsuit.

Filing a claim for passenger injuries caused in a third-party accident, such as a Lyft or Uber accident involves an additional step, in that, instead of filing a suit directly against the other party or their insurance policy, rideshare injury claims must initially be reported to the rideshare company, and from there, the business’ insurance company will handle negotiations for your case.

Call or email the Personal Injury Attorneys at Dixon Injury Firm today to schedule your free injury claim consultation with Chris. Our experienced lawyers make the difference.

Filing a Claim as a Passenger When a Family Member or Friend Causes Your Accident

An additional layer of complexity might be added to your personal injury case if you suffered injuries while you were a passenger and the driver of the car is a friend or loved one. The unfortunate thing is that victims in a vehicle accident can often be innocent passengers.

If this is the case with you, you might have additional options when it comes to filing a claim because of the fact that any negligence on your part (which would be none) wouldn’t be a factor. However, filing a claim might be accompanied by unnecessary worry and guilt regarding whether or not the claim would affect the relationship you have with your friend or family member.

You should bear in mind though, that you’ll be filing a claim against their car insurance carrier and not them.

Filing a Claim When Multiple Passengers Are Injured

In a car accident case where multiple passengers have been injured, each passenger is entitled to file a claim. However, if the total of the injury cases goes beyond the limits of the at-fault party’s coverage, each individual passenger will need to settle with the driver for less than what their claims might be or explore additional policies that may be applicable under the circumstances.

This means that the injured passengers will need to agree on how much each of their compensation totals should be and if an agreement cannot be reached, a Judge will determine the amount each injured passenger should receive. It is important to remember that the more injured you are, entitles you to a larger portion of the applicable insurance coverage.

Determining Fault

If you’re injured in a car accident as a passenger, the first step you need to take once you’ve assessed any personal injury or damage to property is to determine who the responsible party is. At the scene of the accident, insurance and contact information should be exchanged, so that you’ll know who the driver’s insurance carrier is.

You’ll need to file a third-party insurance claim against the insurance company of the negligent driver of the vehicle at fault. You won’t need to worry about passenger liability, because of the fact that as a passenger, you didn’t cause the accident. However, can a passenger be liable for a car accident? Yes, but it’s difficult for that to be proven as the cause of an accident.

Proving Your Injury Claim

Before you file a claim with the driver’s insurance company, you’ll need to get a copy of the police report. This should contain information like the names of the parties involved along with their contact information, the names of the insurance companies, the date, time, and location of the accident, witness statements, and an explanation of what happened.

You should also get in touch with a car accident attorney as soon as possible if you’re an injured person.

See your physician as soon as possible. You’ll need to have medical records that document any injuries you receive. You’ll also need to keep track of the bills and medical costs to give to your attorney so that they’ll have all of the information they need to get you the compensation you deserve.

Call or email the Personal Injury Attorneys at Dixon Injury Firm today to schedule your free injury claim consultation with Chris. Our experienced lawyers make the difference.

What’s the Average Settlement for Passengers Injured in Auto Accidents?

Before a claim is filed with a car insurance company, it’s imperative to find out the worth of the injuries you sustained in the accident. This needs to be a reasonable amount that you would take as a settlement in exchange for going to court with a lawsuit.

Many insurance companies use a variety of formulas to give them a general idea of a starting point for the settlement of an insurance claim. However, insurance companies are billion-dollar for-profit corporations who make money by paying out as little as possible for claims.

There are many things to consider as you’re trying to determine a possible amount for a settlement. If you’re injured, it’s highly recommended to obtain the services of a good personal injury attorney to assist you with coming up with a figure that’s more accurate and provides full reimbursement for all of your harms and losses.

Many people leave potential future damages out of their calculation and are unable to come back later to seek reimbursement.

Your lawyer will have experience with different types of insurance coverage and with conducting the necessary negotiations with the insurance carriers involved. They’ll also have current relevant information on the average injury settlement for a car accident.

Yes, you can find a passenger car accident settlement calculator online, but your specific case should be reviewed by an attorney to help you through this. Any calculator you find online is an absolute joke, as all damages are unique and carry different effects for different people.

Some of the things that need to be factored into the amount include things like medical bills, future medical treatment, scarring, damage to property, any wages that were lost as a result of the accident, lost wages, and more. This is definitely where a good attorney can be an extremely valuable asset.

Passenger Injury Lawyers in Missouri

Car accidents are never easy to deal with, but suffering an injury as a passenger in a crash can be even more difficult. If you or someone you love has suffered injuries in a speeding accident or a drunk driving accident as a passenger and you need help filing a passenger injury claim in Missouri, the Dixon Injury Firm focuses has extensive experience recovering compensation for motorcycle, truck, and car accident claims in St. Louis.

The Dixon Injury Firm’s St. Louis car accident lawyers have fought for (and won) settlements for the personal injury claims of countless victims in Missouri. Whether you are seeking compensation in your area for medical expenses, pain and suffering, lost wages, or other damages, the Dixon Injury Firm will do everything in its power to recover the highest settlement for your passenger injury claim in St. Louis.

Christopher Dixon is a personal injury lawyer who has been named a “Top 100 Trial Lawyer” by the National Trial Lawyers Association and his efforts have recovered over $50,000,000 in settlements, judgments, and verdicts.

If you are interested in learning more about how Chris Dixon and the St. Louis car accident lawyers at the Dixon Injury Firm can benefit your passenger injury claim, call (314) 208-2808, or contact the Dixon Injury Firm today for a free consultation and free case evaluation.

Call or email the Personal Injury Attorneys at Dixon Injury Firm today to schedule your free injury claim consultation with Chris. Our experienced lawyers make the difference.