Can I Recover Compensation as a Passenger in a Car Accident?
Being a passenger does not prevent you from seeking compensation, even if the driver is someone you know well. Insurance companies may attempt to limit payments when a personal relationship exists, claiming the relationship might complicate liability or raise the risk of fraud. However, evidence such as police reports, photographs of the accident scene, witness statements, and medical records can help establish fault and strengthen your claim. Even if the crash initially appears to be caused by another vehicle, documentation and investigation may show that your friend was responsible, allowing you to pursue full compensation through their insurance.
Navigating a passenger injury claim can be complex, especially when friends or acquaintances are involved. An experienced personal injury attorney can review all available insurance coverage, gather evidence, negotiate with the insurance company, and ensure your rights are protected. They can also handle the legal process if the claim escalates to a lawsuit, making sure your case is not delayed or undervalued.
Example: Recovering Compensation When Both Drivers Share Fault
Let’s say you are a passenger in a friend’s car. Another driver runs a stop sign and hits your vehicle. At first, it looks like the other driver is fully at fault. However, after investigation, it’s determined that your friend was slightly speeding and didn’t notice a traffic signal. Texas law allows for comparative fault, meaning you can still recover compensation from both drivers based on their percentage of responsibility.
If your injuries result in $30,000 in medical bills and lost wages, and both your friend and the other driver are deemed 50% at fault, you could potentially recover $15,000 from each insurance company. Even if each party shares some responsibility, you are still entitled to recover damages proportionally. Working with an experienced personal injury attorney ensures that claims are properly filed against both parties and that you receive the maximum compensation available.
