Can a Passenger in a Car Accident Make a Claim?

Aug 13, 2018 | Auto Accidents

Passengers absolutely have the right to pursue a claim for compensation and when you are injured in a car accident as a passenger, you might be able to get recovery from more than one of the drivers involved in the crash. A driver is negligent if they’re found to have breached “their duty of care” when they got behind the wheel. At the time the injury occurs, the statute of limitations in Virginia for personal injury is two years.

Steps to take after an accident

After a car accident, you’ll have to deal with a handful of things, depending on how severe the crash. If you were injured, you’ll need at least emergency medical care, if not follow-up with your primary doctor or even a hospital visit. The actions you take immediately after an accident can have a huge impact on any future legal action you decide to take. If someone else is at fault, there are steps you must take to protect your rights for compensation for your losses.

  1. Check for injuries
  2. Call the Police
  3. Take Pictures
  4. Get all the information you can
  5. File an insurance claim
  6. Consider hiring a lawyer

An attorney will let you know what rights you have as a passenger and how to proceed with filing your own claim. Your attorney may help you win your case by hiring accident investigators to prove liability, negotiating with the insurance company, filing your case in court and much more.

What if the driver is a friend or family member?

Some people are reluctant to make a claim for their injuries against the driver if they are family or a friend. However, a passenger should not be nervous or afraid about pursuing a claim, because the driver bought car insurance for exactly this purpose.

In every incident, the insurance company will hire a lawyer for the family member that owns the policy to provide legal representation for their defense in court or to negotiate an out of court settlement. The attorney hired by the insurance carrier protects the rights of the policyholder and the insurance company and works to offer the lowest possible compensation for damages and injury.

Because of that, it is important to understand that it is not a personal attack when an injured family member or friend sues the responsible party. It is not based on revenge, but just one of the few ways that the system works to obtain compensation.

Multiple Passenger Injury Claims

Car insurance policies have a cap that is chosen by the policyholder for physical damage and bodily injury. The bodily injury coverage is capped at a certain amount per accident. If you were in a car with multiple passengers and were involved in a car accident, each of the injured parties will file claims against the negligent driver. If the total value of the injury cases exceeds the driver’s insurance, each injured person will have to settle with the negligent driver for less than what their case may be worth.

What this essentially means is that all the injured people must take their money from the same pot of money. If the pot is not big enough, then an attorney can go against your own insurance or a household member’s insurance. An attorney can help you find any insurance that may be available to you that could be tougher to find on your own.

If the injured parties cannot come to an agreement with each other regarding how much each should get, the insurer will usually not settle with any of them. At that point, the injured passengers will have to file suit to settle the issue of how much each of them will get.

How a Lawyer Can Help

We are here to help, we want to make sure that you know your legal rights. However, when an experienced and dedicated personal injury attorney from Geoff McDonald & Associates takes your case, you can be assured that every opportunity for obtaining compensation for you will be fully pursued. We believe that having an aggressive law firm on your side can make all the difference.

To learn more about how we can help, contact us online or call us today at (866) 369-9051 and speak to a licensed personal injury lawyer in Richmond. Our initial consultations are always free.

Geoff McDonald and Associates: 804-888-8888.

FREE CONSULTATION

No Fees Unless We Win







    How Are Truck Accidents Different From Car Accidents in Virginia?

    Power trucking accidents are one of the most dangerous types of road accidents, and they differ significantly from car accidents in several ways. The most apparent difference between a truck and a car is their size and weight. Trucks are much bigger and heavier than...

    What to Do if You’re Hurt in a Virginia Multi-Vehicle Crash

    Any car accident has the potential to cause catastrophic injuries and property damage, and multi-vehicle accidents can dramatically increase those risks.  Multiple-vehicle accidents involve three or more vehicles, which also complicates determining fault and...

    How Do I Know If I Have a Valid Truck Accident Case in Virginia?

    Truck accidents are some of the deadliest vehicle accidents that occur across Virginia, especially when commercial trucks collide with smaller vehicles. If you or a loved one suffered injuries in a truck collision, you may ask, “Do I have a valid truck accident case?”...

    Is It Illegal to Tailgate Behind another Car in Virginia?

    Following too closely in Virginia is a traffic infraction punishable by a fine beginning at $81. Tailgating in Virginia is not only a moving traffic violation that could result in demerit points on your driver’s license, but is also dangerous to drivers and passengers...

    Our Case Results

    $4,700,000
    Industrial Plant Accident

    Attorneys for the Plaintiff: Jeffrey A. Breit and Justin M. Sheldon Our client was killed in an industrial accident when an unauthorized worker was operating an overhead crane and pinned our client between…

    $1,750,000
    Rear-End Crash

    Our client suffered a traumatic brain injury, facial trauma, a dislocated hip and severe abdominal trauma when she was rear-ended at a traffic light by a tractor trailer. Suit was commenced shortly after…

    $1,250,000
    Assault of Log Truck Driver

    Attorneys for the Plaintiff: Geoffrey R. McDonald, Frank H. Hupfl, Justin M. Sheldon.
    Our client suffered a traumatic brain injury after being assaulted and knocked to the ground while fueling his logging…

    $860,000
    Drunk Driving Crash

    Our client suffered neck/head trauma and a broken wrist after his vehicle was struck by a drunk driver while he was stopped at a traffic light. Upon rejection of a settlement offer of $325,000, our litigation…

    $700,000
    Rear-End Collision

    Attorneys for the Plaintiff: Justin M. Sheldon and Geoff R. McDonald, Richmond
    GMA’s client was injured as a result of a rear-end collision in the greater Richmond area. The crash occurred a little after…

    Client Reviews

    Cheryl and Rich were wonderful and patient with me throughout the case. All of my questions were answered. They really helped me through this tough time and made sure to let me know what was going on. I really thank Geoff…

    Troy Saxby

    My experience with GMA staff was first rate. They always represented in a professional way and made sure I had everything as far as paperwork. Kara and Theo made sure to answer all my questions, was always available and so…

    Shirley Brown

    Geoff McDonald & Associates is the team that you want on the field if you’re in need of top notch legal defense! Mr. Taj Henley demonstrated true customer service skills and his expertise made me feel comfortable throughout the…

    Julian Reeves

    Geoff McDonald & Associates: Thank you Taj Henley for all of your hard work and dedication! Very expeditious in my case and I was very satisfied with my settlement. Will recommend to all my friends and family!

    Shareema Williams

    Geoff is number one in my book and I especially appreciate the support of Mr Henley

    Ebony Conwell

    I was so pleased with the knowledge and support from Mr. Taj Henley

    Kideem Frierson

    Thank you Geoff McDonald &Associates. A special thank you to Mr. Taj Henley

    Denise Conwell

    Mr. Taj Henley displays exceptional professionalism for Geoff McDonald & Associates, along with commendable communication skills and customer service. By his work ethic and commitment to the people he serves his value to any…

    Justin Fitzgerald