What Should I Do If I’m a Passenger Injured in a Car Accident?

Nov 28, 2021

Car passengers are at the mercy of the drivers and must be kept safe from harm. However, driver errors could quickly turn tragic when the car crashes into another vehicle or gets involved in a single-vehicle crash. Passengers could be severely hurt when the driver of the car they’re riding in, or the driver of other vehicles on the road acts negligently or recklessly.

Fortunately, passengers who have suffered injuries in a car, truck, motorcycle, or other motor vehicle accidents could recover monetary compensation for all their accident-associated damages through the auto insurance coverage of the driver responsible for the accident. Recoverable damages could include medical expenses, pain and suffering, and lost income if you missed working days to treat and recover from your injuries.

Determining Liability for The Car Accident

Depending on the specific circumstances of the accident, more than one party may have contributed or caused the accident, including:

The driver of the vehicle you were riding in
The driver of another vehicle that crashed into the vehicle you were riding in
Both drivers engaged in negligent actions that resulted in the accident

Filing a Claim Against The Liable Party

Once you have determined who was liable for the car accident, you could then pursue legal action against the liable parties whose reckless or negligent actions caused the crash. The at-fault driver’s auto insurance provider will have to pay the compensation related to the accident.

But first, you must go through the insurance claims process. You need to keep in mind that insurance providers make it intentionally difficult for injured claimants to seek the compensation they deserve. They are notorious for denying valid claims or finding ways to refute the evidence against their policyholders. In this light, letting an experienced lawyer deal with the insurance provider will help make sure that the insurance claims adjuster doesn’t take advantage of your circumstances.

Making claims against multiple parties is also a possibility. For instance, if insurance coverage of the driver isn’t enough to cover all your damages, you might be able to make a claim against the other driver’s insurance coverage (if they’re also liable for the accident) to make up for the part that the other’s policy couldn’t cover.

It’s also crucial to note that Indiana has a Guest Statute, which states that an injured passenger can’t file claims against a driver who is their parent, spouse, child, sibling, stepchild, or an individual that picked up the passenger (hitchhiker) and didn’t get paid for the ride. An exception to this rule is if the driver’s willful or wanton misconduct resulted in the passenger’s injury or death.

Talk to a Skilled Indiana Personal Injury Lawyer Today

Our Indiana personal injury lawyer can determine who you can hold accountable for the injuries and related losses you sustained in a car accident as a passenger. We’ll review all the applicable insurance coverage for all the parties involved to maximize the amount of compensation you could seek. Contact Tanzillo Stassin & Babcock P.C. online today to arrange your free case review.