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Can a Passenger Sue a Driver in a Car Accident Personal Injury Case?

Lawsuit

The short answer is yes, a passenger can sue a driver in a car accident if the driver was negligent. You may feel hesitant to file a claim regarding your medical bills, lost wages or pain and suffering because the driver may be a family member or a friend. However, as a passenger, you will most likely be filing a claim against the insurance company of the driver, and not the specific driver personally. Learn your legal rights as a passenger in a car accident and how you can receive the compensation you deserve for your injuries.

Who Can You Sue as a Passenger?

As a passenger, you have the right to sue any negligent driver involved in the accident, whether that was the driver of the vehicle you were in, or another driver (or, in some cases both.)

If your driver was negligent, you have the right to file a claim against their insurance company. In most cases, if you are represented by legal counsel to negotiate on your behalf, you will receive an appropriate settlement amount. However, if you feel that the settlement offer from the insurance company was not enough, you still have the legal option to directly file a lawsuit against the driver of your vehicle.

You also have the legal right to file a claim against any other driver that was involved in the accident that had any liability with respect to the car crash. Remember that insurance companies will work hard to prevent you from getting a full and fair settlement amount, and will use manipulative and stalling tactics to attempt to have victims miss their statute of deadlines and remove their legal right to file a lawsuit. Contact an experienced personal injury attorney to ensure that your legal rights are always protected.

What if the Driver Has No Insurance Coverage?

In some cases, the driver that was determined to be negligent will either have no insurance or be underinsured. If this is the case, you may look to your own insurance coverage to see if you may qualify to receive compensation for your injuries under either “Uninsured Motorist Coverage” or “Underinsured Motorist Coverage” on your own personal car insurance. Each policy will be different, but if you examine your policy carefully, you may have the option to receive monetary recoveries for your medical bills and lost wages due to your injuries as a passenger in a car accident.

Contact an Experienced Accident Attorney Today

If you suffered injuries as a passenger in a car accident, you may be facing unexpected medical bills and the inability to return to work due to your injuries. Contact an experienced car accident attorney to negotiate with insurance companies on your behalf and help ensure your legal rights are protected. Contact our Columbia personal injury attorneys at The Stanley Law Group at 803-799-4700 to schedule a free consultation regarding your car accident today.

 

Resource:

doi.sc.gov/588/Automobile-Insurance

scstatehouse.gov/code/t38c077.php

https://www.thestanleylawgroup.com/pain-and-suffering-settlement-examples/

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