Yes, a passenger can sue both drivers in a car accident for compensation that helps them recover damages. Liability is established by determining which driver caused the accident.
In most cases, one party is clearly at fault. However, when it comes down to two drivers sharing responsibility, it’s not as simple as both drivers being wrong. Instead, the passenger can sue and prove that both parties were reckless or negligent when causing the crash. An attorney can help the passenger determine which driver to seek compensation from.
Passengers Can Suffer Harm in Auto Accidents Like Drivers, Other Parties
According to the World Health Organization (WHO), more than 1 million people lose their lives every year to car accidents. Data indicates that anyone on the road might get involved in a collision.
When drivers or pedestrians are hit in car accidents, they may suffer catastrophic injuries and face high medical bills that could potentially ruin their lives. This can also apply to a driver’s passengers. So, how do those riding in a vehicle determine who should be held responsible for their damages after a crash occurs?
Determining Each Driver’s Liability
When a driver is at fault for causing an accident, the first question is whether they will be fully responsible for paying for the damages. After all, the other driver may have been negligent, too. What if both parties are guilty of negligence? Can both drivers reimburse you?
If both drivers are found equally liable for an accident, you can sue them both for damages. However, it’s important to note that you can only sue a person for their percentage of fault. For example, if you’re in a car accident and the other driver is 90% at fault, and you’re 10% at fault, then the other driver will be liable for 90% of your total damages. You’ll be responsible for 10% of the injuries.
An Attorney Can Investigate an Accident to Determine Fault
The rules change slightly when multiple drivers and no passengers are involved in an accident. In this case, all drivers can potentially be liable for all damages if they are found negligent. If you were hurt in an accident that multiple drivers caused, you can reach out to a personal injury lawyer or law firm that can review your accident and determine who was at fault and how much each driver should pay you.
What Type of Compensation Is Available to Passengers?
You may be eligible for various types of compensation. This can involve financial and non-financial compensation, such as:
- Accident-related medical expenses
- Lost wages, benefits, bonuses, and tips
- Costs you and your family incur because of lifestyle changes
- Physical and mental pain and suffering
- Loss of companionship
- Temporary and permanent disability
- Loss of enjoyment of life
What Should You Know About Passenger Injury Claims?
Passengers hurt in a car accident should first get medical treatment to make sure they are OK and document the injuries they suffered. Second, they should contact their insurance company and make a claim. If this is your situation, your insurance company will investigate the accident, exchange information with the other driver’s insurance company, and decide on your damages based on what they find.
You may have legal options to pursue damages against the at-fault driver or the insurance company. You can also file a passenger injury claim against a third party and not your insurance company. If another person drives your vehicle and causes an accident, your auto policy may cover the injuries you suffer while riding as a passenger.
However, if another driver used your car, coverage would depend on the circumstances of the driver and the accident. You can have an attorney review your situation and see if you could file a claim against the liable driver for damages.
What About Coverage and Availability of Insurance?
You should be aware of the many insurance policies commonly used in car accidents. The following are the four major policy types:
- Auto insurance for the driver
- Auto insurance for two drivers
- Your car insurance policy
- Your healthcare coverage
To recover compensation for your injuries, you would file a claim against one of these policies. Third-party claims are those made against one or both drivers’ insurance policies. When you file a third-party claim under the policy, the business will assess whether their driver is at fault and compensate you.
Contact the Law Offices of Anidjar & Levine for a Free Case Review
If you’re a passenger in a car accident, it doesn’t matter which driver was responsible for it; you can claim compensation for your injuries and damages. You also could recover damages for medical costs, lost wages, and pain and suffering, depending on your situation.
The Law Offices of Anidjar & Levine can help you navigate the claims process and determine if you can sue both drivers for damages. We will handle all the complex legal steps for you so that you can get back to your life. Contact us today at 1-800-747-3373 for a free case review.
We Can Help.