Help! I Was a Passenger In An Auto Accident – What Are My Rights?

Passengers May Sit in Different Seats, But They Have The Same Rights As Drivers

A passenger in an auto accident is as likely to receive severe injuries as the driver. The risk of injury or death for backseat passengers is significantly higher than for drivers because these passengers are more likely to not wear a seatbelt. A recent study from the Insurance Institute for Highway Safety revealed that only 28% of fatally injured backseat occupants aged 13 and older were wearing their seat belts.

But regardless of whether you were in the front or back seat, as a passenger in an auto accident, you have the same rights to pursue compensation for your losses and injuries as the driver has.

In some ways, the issues in a personal injury lawsuit filed by a passenger are more straightforward than those in a suit by the driver. When one Colorado driver sues another for negligently or recklessly causing a crash, the defendant and their insurance company may argue that the plaintiff was actually responsible, in whole or in part, for causing the accident. However, as a passenger in one of the vehicles, the chances are improbable that an insurance company could credibly assert that someone who was not driving was somehow at fault for their injuries.

But in other ways, a car accident lawsuit filed by a passenger can be trickier. For instance, if the person at fault for your injuries was a friend who was driving the car you were in, you may be in the uncomfortable position of having to sue that friend to recover compensation for your injuries.

If you were injured as a passenger in an auto accident, here is what you need to know about your rights.

If The Other Driver Caused the Accident

If the driver of a different vehicle was at fault for the accident that led to your injuries, you can sue them for compensation just as you would if you had been driving.

However, in many cases, assigning blame can be far from straightforward, especially if a friend or loved one bears responsibility for the crash.

Related: Mistakes To Avoid When Filing a Personal Injury Lawsuit In Colorado Springs

What If The Driver Of The Car You Were In Caused The Accident?

The pain and disability, medical expenses, mounting bills and lost wages are the same for passengers in a car crash as for any driver. And if you were injured as a passenger in an auto accident, you are as entitled to compensation from them just as the driver can.

But what if the driver of the vehicle you were riding in was to blame for the collision?

The reality is that you may have to file a personal injury lawsuit against them if you want compensation for your losses. But do you want to sue your friend, work colleague, or even your own mother? This may seem like a tricky situation, but it doesn’t have to be when you remember one thing.

You’re Suing Your Driver In Name Only – Their Insurance Company Is Who Will Pay for Your Injuries and Losses

If you were the passenger in an auto accident and the driver is a family member, friend, or work colleague, you need to remember an essential fact about most car accident lawsuits. In Colorado, as in almost every other state, drivers are required by law to have liability insurance coverage. The purpose of that coverage is to pay for injuries and losses that the insured driver causes to other people.

The driver’s insurance company will pay for any settlement or judgment for compensation you obtain up to the policy limits. The driver also won’t be responsible for any attorney’s fees or other costs involved in the lawsuit, as these costs fall under the insurance company’s umbrella.

So, while you will need to file a lawsuit naming a friend or family member as a defendant, in most cases, they will not be on the hook to pay for damages – even if their actions or negligence are at fault for your injuries.

Even if the friend or family member responsible for your losses was uninsured, and you are understandably hesitant to sue them personally for tens or hundreds of thousands of dollars, you still might be able to obtain compensation as the passenger in an auto accident under your own auto insurance policy. If you have uninsured/underinsured motorist coverage, you may be able to file a claim and recover money from your own insurance company.

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No Matter Where You Were Sitting, You Can Obtain Compensation for Your Injuries

Whether you are a driver or a passenger in an auto accident, car accident lawsuits can be legally and factually complicated. And if the person responsible for your injuries is someone close to you, they can also be personally tricky.

At King & Beaty, our experienced Colorado Springs car accident lawyers are ready to help you sort through these issues. We will work tirelessly to get you the maximum compensation available for your injuries so you can focus on recovery. Please contact us today to schedule your free initial consultation.