Insight

What Happens to a Passenger Injured in a Car Accident

In this situation, you may seek compensation from one or more drivers involved in causing the collision.

Charles V. Vaughan, Jr.

Charles V. Vaughan, Jr.

January 6, 2024 11:46 AM

An Indiana car accident lawyer from Vaughan & Vaughan can review your situation and help you learn more about your legal options in this situation. You can contact us for advice and guidance when you call or fill out our online contact form.

What Can You Expect As A Passenger In A Car Accident?

Many passengers never consider the risk of an accident when traveling with a driver. In the event of an accident, you can expect to wait with the vehicle for police officers to arrive, assess the scene, and file an accident report.

You may require medical care for any injuries you sustained in the car accident. We recommend seeking treatment quickly to show that the collision caused your injuries and give yourself the best chance to recover.

You can also expect insurance agents for one – or more – of the drivers involved in the accident to reach out to you. Generally, we recommend speaking with a personal injury lawyer before talking to insurance representatives, as they can try to minimize your compensation.

Can You Get Compensation As A Passenger In A Car Wreck?

Passengers injured in car accidents may secure funds to cover their losses. Depending on your situation, you may receive damages to address your:

Medical Expenses In Indiana

Passengers in the front or back seat can sustain serious injuries, including concussions, broken bones, whiplash, and paralysis.

An Indiana passenger accident lawyer may help you secure damages for all reasonable and necessary medical costs directly related to treating and rehabilitating your accident injuries, including:

  • Hospital bills
  • Doctor visits
  • Prescriptions
  • Physical therapy

Documentation like receipts and medical records is key to ensuring you secure fair compensation for these losses.

Lost Wages Due To Your Injuries

If the accident caused you to miss time from work, you may be entitled to wages for that time period, supported by documentation from your employer. These losses can include lost income during initial recovery and long-term workplace limitations due to injuries.

Pain And Suffering In Indiana

Courts may award you monetary compensation for physical and mental pain, inconvenience, suffering, and loss of enjoyment of life caused by your injuries. Your lawyer can focus on your emotional anguish and other results of an accident.

How Do You Get Compensation As A Car Accident Passenger?

The key to obtaining appropriate compensation is filing an insurance claim after a collision. However, many passengers feel unsure about where to file such a claim. A car accident lawyer can help you identify the at-fault party so you can proceed with your claim.

Depending on your situation, you may file a claim with the insurance company representing the driver of your vehicle. However, you may also seek compensation from another driver if they caused the collision.

Car accident lawyers often negotiate settlements with insurance representatives after a collision, allowing you to secure funds for your losses.

Can You File A Lawsuit As A Passenger In A Car Accident?

Sometimes, insurance companies deny car accident claims or try to downplay the severity of your losses. They may refuse to offer you a fair settlement, even after a period of negotiations with your car accident attorney.

In this situation, your lawyer may file a car accident lawsuit on your behalf. However, generally, law firms resolve claims for clients with a settlement.

Are There Times You Can’t File A Car Accident Claim As A Passenger?

Indiana allows passengers to file claims for compensation in many situations. However, the Guest Statute may prevent you from filing a claim against your:

  • Spouse
  • Parent
  • Child
  • Sibling

Additionally, you may not have a chance to file a claim against a driver who picked you up while you were hitchhiking. However, the state may waive this statute if the accident occurred due to willful misconduct by a driver.

Furthermore, the state may disallow a claim based on contributory fault if a passenger caused an accident. Passengers may cause collisions if they:

  • Press on the accelerator or grab the wheel of a vehicle
  • Harm or physically obstruct the driver
  • Distract or cover the eyes of the driver
  • Allow a fatigued or impaired driver to operate a vehicle

You can work with a lawyer if the drivers involved in the collision attempt to blame you for the wreck and their losses.

How Long Do You Have For A Legal Claim As A Car Wreck Passenger?

You generally have a limited amount of time to file a personal injury claim after a car accident in Indiana. You must move forward with your legal case before the statute of limitations expires to avoid having the court dismiss your claim.

Your attorney can review your situation and provide you with specific information about your deadline.

What Do Lawyers Charge For Passengers In Car Accidents?

Generally, lawyers handle car accident claims on a contingency basis, even for passengers injured in these wrecks. Therefore, the law firm receives a percentage of your final financial award after resolving your claim through a settlement or court trial.

Speak To Our Team If You Got Hurt In A Wreck As A Passenger

What happens if you are a passenger who gets injured in a car accident in Indiana? In this situation, you may receive funds to cover your losses from one – or more – of the drivers involved in the collision.

Find out more by contacting our team at Vaughan & Vaughan. You can call or fill out our online contact form.

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