What to Do if You’re Injured as a Passenger in a Car Accident

Most passengers do not know what to do when they get injured in a car accident. This is because, most of the time, car accident claims are usually filed by drivers or even pedestrians who have been injured due to someone else's negligence. However, if you got injured in a car accident as a passenger, you may still be able to recover damages.

At Morgan and Morgan, we know how confusing it can be to file a car accident claim or lawsuit as a passenger. What does the claim process look like for passengers in a car accident? How does the law protect passengers in a car accident? These are some of the questions you will likely ask yourself in your pursuit of compensation.

That is where Morgan and Morgan comes in. We have helped thousands of car accident victims, including those injured as passengers, get the compensation they need and deserve. Contact us today for a free case evaluation if you or your loved one is a victim.

Who Is at Fault for a Car Accident Hit on Passenger Side Front?

The issue of fault will depend on the unique circumstances of your case. That said, when someone hits your vehicle from the passenger's front side, it is usually their fault.

Here is an example of such a scenario.

Let's say you are sitting on the passenger's front side. Your driver stops at an intersection and then drives when the light turns green. Suddenly, another driver hits you from the side, causing serious injuries. In that case, the other driver may be responsible for the accident.

This is because your driver had the right of way when the lights at the intersection turned green. As a result, the drivers on the right-hand side of the intersection should stop until their rights turn green.  

Because such accidents are usually complex, an experienced car accident lawyer can help determine the at-fault party.

What Should I Do if Injured in a Car Accident as a Passenger?

Knowing what to do after a car accident injury will have a significant impact on your case. Specifically, the steps you take after such an accident will influence the compensation you may be entitled to, including whether or not you deserve compensation in the first place. That said, here are some key steps to take.

Call 911 and Request an Ambulance

When you get injured in a car accident while sitting in the passenger's seat, whether in front, middle, or back, you will likely suffer serious injuries. For this reason, it is important that you call 911 immediately and request urgent medical assistance.

When calling 911, make sure you request an ambulance and a police officer at the accident scene. The officer will write an accident report containing critical information about the accident. Examples of the kind of information you will find in a standard auto accident report created by a police officer include the following:

• The date, time, and location of the accident
• Description of the accident scene, such as road conditions
• Description of the vehicles involved in the accident
• Details of the accident, including but not limited to the possible cause
• A sketch of the accident scene showing important landmarks, traffic lights, crosswalks, etc.
• Personal information of all injured victims, including their contact information
• Information on any property damage caused by the accident
• Information about the responding officers

Get Immediate Medical Attention

Next, contact a professional car accident doctor for further checkups. The doctor will conduct several tests to determine the extent of your injuries and the kind of treatment you will need. Although you may get checked by your primary care doctor, contacting a doctor specializing in car accidents is much better.

This is because a car accident doctor knows how to treat different injuries caused by such accidents. They also know how to write the kind of medical reports that will add more weight to your case. Lastly and importantly, such a doctor is never afraid of being involved in the legal process to ensure you receive the compensation you need and deserve. For example, chances are they will be willing to offer their testimony in court or during depositions, significantly increasing your chances of obtaining favorable results.

Contact an Experienced Car Accident Attorney

A seasoned car accident attorney can help you in ways a standard attorney cannot. To put things into perspective, here are some things a car accident lawyer can do for you.

The attorney will review your case to determine whether you have a valid claim. This ensures that you do not waste your precious time pursuing a claim that is dead on arrival.

After confirming that you have a valid claim, the attorney will also help you collect crucial evidence, identify the party at fault for the accident, assess your damages, and file a claim. If the at-fault party refuses to cooperate, the attorney will explore other options, including filing a lawsuit to fight for your right to compensation.

Why Is a Police Report After a Car Accident Important?

When you get injured in a car accident, the other party will not be waiting with a blank check to process the compensation you need. That is not how insurance companies work. Instead, these companies make money by managing risks, a fancy word for disputing and dismissing claims and maximizing premiums.

So when you get injured in a car accident, and you do not have a police report, you will lose legitimacy. The insurance company will not believe your words even if you suffered visible injuries. Instead, they might argue that you got injured elsewhere and accuse you of insurance fraud.

But when you have the backing of a police report, it is unlikely that insurance companies will doubt your claim. This is because police officers are sworn to uphold the law and tell the truth. In addition, they mostly have nothing to gain by lying about the accident.

When insurance companies realize that you have a police report to prove your claim, they will likely want to process your claim quickly to avoid an expensive and risky court process. The bottom line is that having a police report softens the plaintiff's burden of proof and also increases their chances of obtaining a favorable outcome when they file an insurance claim.

Who Compensates a Passenger Injured in a Car Accident?

The correct answer to this question will depend on who is at fault for the accident. If the accident has been caused due to the other driver's negligence, the injured can file a claim with the driver's insurance provider.

On the other hand, suppose the accident occurred due to your driver's negligence. In that case, you can file a claim with their insurance company.

The other option is to file a claim with your own car insurance provider. However, you will need coverage against such accidents to do this. For example, if you live in a no-fault state like Florida, you are required by law to have at least $10,000 worth of Personal Injury Protection insurance.

This insurance should cover your medical bills regardless of who was at fault. However, the biggest downside of this option is that your insurance provider will likely increase your premiums even though you are covered against such accidents.

You can also file a claim with your own health insurance provider if other options do not apply to your situation. However, keep in mind that when you file a claim with your health insurance, and they process the payment, they might place a medical lien on your settlement if you win the case.

A medical lien gives the insurance company legal authority to deduct a portion of your settlement to recover your medical bills. But they can only do so if you win the case. Different states have unique laws regarding medical liens. In some states, insurance providers cannot claim a portion of your settlement unless you have been fully compensated for your damages. After recovering full compensation for your damages, the insurance provider can then place a lien on the remaining amount.

It is also worth noting that an experienced car accident attorney can fight for you or your loved one if an insurance provider places a medical lien on the settlement. And because insurance companies do not usually want to be involved in lengthy legal processes, they will likely agree to negotiate rather than pursue the lien in court and risk losing it.

Depending on the circumstances of your case, you can also file a third-party claim if they contributed to the accident. For instance, say you got injured because your driver's brakes failed or the airbag failed to deploy. In that case, if the vehicle was recently serviced, the technicians might have installed a faulty part.

Alternatively, they might have missed an important detail any reasonable car technician in a similar position would have noticed and acted upon. This amounts to negligence. As a result, you may sue the manufacturer or even the technicians for their negligence.

Can I Still Get Compensation if the Driver Did Not Have Insurance?

Yes, you can still get compensation for your injuries by filing a claim with your own insurance provider, as discussed. But since each car accident case is unique, an experienced attorney can help explore and utilize the best avenues to pursue the compensation you deserve.

My Friend or Relative Cannot Afford to Compensate Me for a Car Accident. What Should I Do?

It is understandable that you do not want to sue your friend or relative after a car accident. However, it is also essential to understand that your friend or relative is not the main target when you file such a claim or lawsuit. Rather, their insurance provider is.

Just as long as they have auto insurance, you can file a claim against their insurance company and recover damages without worrying about hurting them financially or ruining your relationship. After all, that is the whole point of having insurance.

Let the Nation's Largest Injury Firm Fight for Your Right to Compensation

Suppose you or your loved one has been injured in a car accident as a pedestrian, driver, or passenger. We might be able to help. Our experienced, compassionate, and competent attorneys know how confusing and overwhelming such cases can be. And when passengers are involved, things become even more complicated.

Insurance companies are always quick to avoid liability in such cases. As a result, many accident victims end up settling expensive bills out of pocket and struggling financially in the long run. That should be the case. For instance, being a passenger does not mean you deserve less compensation than everyone else.  

That is why you need us to hold the other party accountable. Contact us today for a free, no-obligation case evaluation. We will fight for your right to compensation if your case is valid. And the best part is that you will not pay us anything unless we win.