Car accidents are unpredictable and can result in serious injuries for everyone involved, including passengers. While drivers may know the steps to take after an accident, passengers often find themselves unsure about what to do. If you’ve been injured as a passenger in a car accident, it’s important to take the right actions to protect your health and legal rights.
In this blog, we’ll guide you through the essential steps for injured passengers and what to do to ensure you receive the compensation you deserve.
Step 1: Prioritize Your Safety and Health
The first and most crucial step after a car accident is to ensure your safety. Check yourself for any injuries, even if they seem minor. Adrenaline can mask pain, so it’s possible to feel fine immediately after the accident but experience symptoms later. If you are seriously injured, try not to move and wait for emergency responders to arrive. Let them handle your transportation to the hospital if necessary.
Even if your injuries seem minor, seek medical attention as soon as possible. Getting checked by a healthcare professional ensures that any hidden injuries, such as whiplash or internal trauma, are properly diagnosed and treated. Medical records also serve as crucial evidence when filing an injury claim.
Step 2: Call the Police
As a passenger, you should ensure that the police are notified about the car accident, especially if there are injuries. A police report is an essential piece of documentation that will detail the accident, the parties involved, and the potential cause. This report will be valuable when you file a claim with insurance companies or pursue legal action.
Make sure the responding officer includes your account of the accident in the report. While drivers often give their perspective, it’s important that you, as an injured passenger, also share what happened from your point of view.
Step 3: Gather Information
Even though you are not the driver, you can still play an important role in gathering information at the scene of a vehicle collision. If you’re able, collect the following information to support your claim:
- Driver and Vehicle Details: Collect the names, contact information, driver’s license numbers, and insurance information of both drivers involved in the accident.
- Photos and Videos: Take pictures or videos of the accident scene, vehicle damage, road conditions, traffic signals, and any visible injuries you may have sustained.
- Witness Contact Information: If there are any witnesses, ask for their contact details. Their statements could be helpful in determining fault later on.
- Police Report Number: Once the police arrive, make sure to get the accident report number and the officer’s contact details for future reference.
By gathering this information, you’ll be better prepared when it comes time to file an injury claim.
Step 4: Notify Your Insurance Company
Although you weren’t driving, it’s still a good idea to notify your insurance company about any vehicle accident you’re involved in, especially if you’ve sustained injuries. Depending on your coverage, your insurance may cover some of your medical expenses. However, as a passenger, you will likely file a claim against the insurance policy of the at-fault driver. In some cases, you may need to file claims against multiple policies, including the insurance of both drivers, depending on the situation.
Step 5: Determine Liability
One of the key questions that will arise after a car accident is: Who is liable? As a passenger, you typically aren’t considered liable for the accident unless you were interfering with the driver’s ability to operate the vehicle safely (for example, distracting the driver). This means you’re entitled to seek compensation for your injuries from the responsible parties.
Liability can be shared between the drivers of both vehicles, or it may be assigned to one driver alone. If the accident was caused by the negligence of either driver, you can file a claim against their insurance to cover your medical expenses, lost wages, and other damages. If both drivers are partially responsible, their insurance policies may each cover a portion of your compensation.
Step 6: File an Injury Claim
Once liability has been established, you can file an injury claim to recover compensation for your damages. As an injured passenger, you may have several options for filing claims:
- File a Claim Against the Driver’s Insurance: If the driver of the car you were in was at fault, you can file a claim against their insurance policy. This is true even if the at-fault driver is a friend or family member.
- File a Claim Against the Other Driver’s Insurance: If the other driver is determined to be at fault, you can file a claim with their insurance.
- Use Your Own Insurance: In some cases, your own insurance policy may come into play, especially if the at-fault driver is underinsured or uninsured. Personal injury protection (PIP) or medical payments (MedPay) coverage can help pay for your medical expenses, regardless of who was at fault.
The claims process can be complicated, and insurance companies may try to minimize payouts. It’s important to work with an experienced attorney to ensure you receive fair compensation for your injuries.
Step 7: Seek Legal Advice
While some car accident cases are straightforward, many involve complicated liability issues or disputes over the severity of your injuries. Insurance companies may try to downplay your injuries or offer low settlements that don’t cover all of your medical bills, lost wages, or other damages.
Hiring a passenger injury lawyer can help protect your rights and ensure that you receive the compensation you deserve. A personal injury attorney can handle negotiations with insurance companies, gather additional evidence to support your claim, and, if necessary, take your case to court.
Compensation Available for Injured Passengers
As an injured passenger, you may be entitled to both economic and non-economic damages. Economic damages include compensation for medical expenses, lost wages, and other out-of-pocket costs directly related to the accident. Non-economic damages address the pain and suffering, emotional distress, and reduced quality of life that may result from your injuries.
In some cases, you may also be eligible for compensation for future medical treatment or long-term rehabilitation, especially if your injuries require ongoing care. A personal injury attorney can help assess the full extent of your damages and ensure you are fairly compensated.
Protect Your Rights and Pursue Compensation
Being injured as a passenger in a car accident can be a confusing and stressful experience, but by following the right steps, you can protect your rights and pursue the compensation you deserve. From prioritizing your safety to filing a claim, each action you take is crucial in ensuring you recover physically, emotionally, and financially.
If you’ve been injured as a passenger in a car accident and need help navigating the legal process, contact our team at Sieben Edmunds Miller. Our experienced attorneys are here to guide you through every step and fight for the compensation you deserve.
