Day: August 29, 2024

Some people are a bit nervous when riding in a car as a passenger. That is because a passenger has no control over the operation of a vehicle. If you are a passenger, you rely on the driver’s reaction time, decision-making, operational abilities, and sensibility. You basically have to hope that the driver on whom your life depends is reliable, and that makes you nervous.  

Other people are fine as passengers. They have trust in the person driving, or they simply are not the worrying type. Nevertheless, there is one common denominator between trusting and non-trusting passengers: being involved in a car accident when you are not behind the wheel is a frightening experience that could leave you with serious physical and emotional injuries.

Taking things a step further, if you were injured in a car accident as a passenger, there might be some confusion and doubt as to what your options might be to recover damages. For instance, if you are a driver who feels that the fault of an accident lies with the other driver, you will file a claim with the insurance company of the other driver.

Georgia is an at-fault state. That means that the outcome of a claim is determined by who is found to be at fault, but if you are a passenger involved in an accident, your options spin a different way. That does not mean that you are out of luck. In fact, depending on the circumstances, you might have more options than if you were the driver.

The driver with whom you were in an accident has the responsibility of keeping you safe, but that does not make filing a claim against that person any easier, especially if you are close to that person. You should, however, not have to stress over it. The bottom line is that if you were in an accident as a passenger, you are entitled to receive compensation for your injuries, the same as any driver, and that includes any pain and suffering that you have experienced.

Who Is Liable if You Are in a Car Accident as a Passenger? 

As previously mentioned, do not panic about your options if you were in a car accident as a passenger, but that does not mean that the road to compensation will be an easy one. Since George is in an at-fault state, the driver who is at fault is responsible for damages, and that means that the at-fault driver’s insurance company will have to pay damages; of course, that is only if you can prove your injuries, emotional and financial burden, or whatever damages you are claiming.

You should know that as an injured passenger, you can file a claim against the same parties that a driver can. That includes the at-fault driver, the employer who owns the commercial vehicle driven by the at-fault driver, the owner of the privately owned vehicle, whether or not the owner was driving; the manufacturer of any defective part of the vehicle, if that part caused the accident, and the governing body responsible for the road that caused your accident.

Remember that the at-fault driver is responsible, but it could get a little hairy if you are uncertain as to who is at fault. In that instance, you must make a decision. If you are leaning toward one person being mostly at fault, file your claim with that person’s insurance company. Filing only one claim should make the process much simpler and quicker.

Thus, if you feel that the driver of the vehicle you were in was mostly at fault, you should file a claim with that person’s insurance company. If you feel that it was the driver of the other vehicle who was mostly at fault, you should file a claim with that person’s insurance company.

On the other hand, if you feel that the fault is equally distributed or close to it, you should file a claim with both insurance companies. An investigation will be conducted by any insurance company involved. The investigator will interview witnesses, summon police reports, check the accident scene, and whatever else that will establish fault.  

If it is found that both drivers are at fault, you will receive partial compensation from both insurance companies.

Can You Receive Compensation from Your Own Insurance Company?

Georgia drivers have the option to buy additional insurance called UM and UIM coverage. Actually, Georgia law requires that every policy includes it, but you can opt-out if you wish. UM/UIM coverage is uninsured/underinsured motorist coverage.

UM coverage provides you compensation in the event that the driver with whom you were in an accident is uninsured. UIM provides supplemental insurance that covers damages that exceed the at-fault driver’s policy.

If you do file a claim with your own insurance company but do not file a claim against the at-fault driver, your insurance company may decide to file a lawsuit against that driver’s insurance company to receive money according to the policy. That could happen in the event that your expenses received were enough to make it worth your insurer’s time and money to file the claim.

Can You File a Lawsuit if You Are a Passenger?

Whichever insurance company you filed a claim with will make you an offer. The offer will most likely be on the low side at the onset. If you are unhappy with their final offer for any reason, or if you are not offered a settlement at all, you can file a claim in court against the at-fault driver. If both drivers were found partially at fault, you can file a lawsuit against them both.

You will have to, of course, prove your injuries in a court of law. If you file for pain and suffering, you must declare why and how you are suffering. Keeping up with your medical appointments for treatments and tests is crucial, and you should also make sure that you keep records and receipts of all appointments.

How Does a Claim Against Both Drivers Get Settled in a Lawsuit?

If you do file a claim against both parties, the case will be decided according to the percentage of fault for each driver. This is called comparative negligence, a law that Georgia and a select number of other states use to figure out liability.

Comparative negligence is a law that makes drivers liable according to how much of the accident was their fault. For instance, if one of the two defendants is found to be 70% at fault, that defendant will pay 70% of the money awarded to the plaintiff, with the other defendant paying the other 30%.

What Steps Should You Take if You Were Injured in a Car Accident?

If you are able to, you need to gather evidence at the scene. Be sure to get the name, address, and insurance information of the other driver. Next you should take pictures of the scene. That includes both cars, your injuries, and any evidence, such as skid marks.

You should talk to witnesses and get their names and contact information. Remember to write down their general impression of the accident. You should also write down in explicit detail what you believe happened.

Never refuse medical treatment at the scene. If it is suggested that you go to a hospital by ambulance, do it. Remember that you sometimes do not immediately know if your injuries are serious.

Call the police if they are not present. They can collect the necessary information, interview witnesses, and take pictures. They will also write a report that will most likely be used if you end up in court.

Calling a lawyer never hurts. An experienced lawyer can advise you about what steps you should take, including who you should and should not be speaking to. A lawyer could also advise you as to whether the settlement offer made by the at-fault driver’s insurance company is adequate.

Be careful if you speak with an insurance adjuster. Remember that you are not obligated to do so. You definitely should refuse to give a written or recorded statement, and that includes any statements regarding your injuries. Also, do not be in a hurry to accept a settlement offer, especially if your injuries are serious.

The Springfield Car Accident Lawyers at Kicklighter Law Represent Passengers Injured in a Car Accident

If you were seriously injured in a car accident as a passenger or driver, you need a competent lawyer who will fight hard to help bring you the compensation you deserve. Our experienced Springfield car accident lawyers at Kicklighter Law will represent your best interest every step of the way. Call us at 912-754-6003 or contact us online for a free consultation. Located in Springfield, Georgia, we serve clients in Effingham County, Savannah, and surrounding areas.