If you were involved in an accident recently, depending on the circumstances, you may be asking can a passenger sue both drivers. Investigators may find either driver or both drivers of the vehicles at fault for the accident. Depending on the situation, a passenger may sue both drivers for their injuries.
Several conditions may apply regarding the claims and lawsuits that a passenger may make after being in a car accident. Talking to a car accident lawyer may help to clarify which driver bears fault for your injuries. Contact the team at Ben Crump Law, PLLC today at 800-598-7557 to get started.
Passenger Injury Claims
To make any claim with an insurance company after a car accident, you will need to prove liability for the accident. Car accidents often involve many factors that make it difficult to determine actual fault.
Investigators and appraisers from insurance companies usually assign percentages of fault if both drivers bear some responsibility. At times, a single driver may bear fault alone, but in other cases, both drivers play at least some role of liability regarding the accident.
As a passenger, you may suffer harm as a result of the accident. You may not bear any liability for the cause of the accident, either. This means that you may qualify for compensation for your injuries, no matter who bears fault. The percentage of fault, however, may determine how much compensation you seek from each responsible party.
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At-Fault Passenger Claims
If you claim under the car insurance policy of the at-fault driver, it classifies as a third-party claim. Passenger injury claims proceed in the same manner as any car accident claim. Unlike drivers, a passenger may make claims against both drivers if both share fault in the accident that caused their injuries. If one driver bears no responsibility in the accident, such as during a rear-end crash, the passenger may only file a claim against the driver who hit the car in front of them.
In fault-based states, once you receive treatment for your injuries and have reached maximum medical improvement, courts consider the case resolved. If investigators determine both drivers at fault for the accident, you may negotiate or have your lawyer negotiate with the insurance companies of both drivers.
Some states classify as no-fault states, such as Florida. In these states, all drivers must carry a personal injury protection policy. In a no-fault insurance state, if you travel as a passenger of a vehicle involved in an accident, you may file a claim under the policy of the person who transported you. Unless your injuries meet a certain threshold determined by the state, you may not file a complaint with the insurance of the other driver.
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If multiple passengers suffered injuries as a result of the accident, you may experience difficulty filing personal injury claims. For example, a motorist rear-ends a car traveling with three passengers, and everyone in the vehicle sustains injuries and files claims against the negligent driver. If the value of the driver’s insurance cannot cover each individual injury case, you may have to settle for an amount less fair than what your case deserves. Everyone making a claim does so from the same policy, the same source of financial awards. Multiple claims may lead to a lawsuit to determine the amounts that each passenger receives.
Know Your Rights as a Passenger
If you experienced an accident as a passenger of a vehicle, you have a legal right to personal injury claims. As a passenger, you may file an injury claim against the driver of the vehicle that transported you and possibly against the driver of the other vehicle as well.
Once investigators determine which driver bears fault for the accident (or if both share fault), you may proceed to pursue compensation from the respective insurer. Regardless of which driver holds responsibility, if you suffered injuries in a collision as a passenger, our lawyers with Ben Crump Law, PLLC, may help you seek fair compensation. Our goal revolves around helping passengers get the compensation they deserve for the injuries they sustain in any car accident.
Contact Ben Crump Law, PLLC at 800-598-7557 if you would like more information regarding the possibilities of passengers suing both drivers. We can discuss your rights as a passenger in a vehicle, which may help you determine what your next steps should be during a free phone consultation. We work on a contingency basis, so you never pay anything upfront or out of pocket.