If you are a passenger in a car accident in Virginia, you will most likely need to file a claim against the car insurance of one of the drivers involved in the crash, possibly both. If you have your own medical expense benefits insurance, you may file a claim against that insurance for your medical costs.
You may have a lot of questions if you are a passenger who has been injured in a car crash. At Marks and Harrison Personal Injury Lawyers, based in Richmond, Virginia, our knowledgeable attorneys can help answer your questions. Generally, passengers can file a claim against the auto liability car insurance of the at-fault driver or against both drivers if they share liability for the collision. In some cases, passengers also may file a claim with their own insurance if they carry Medical Expense and Loss of Income Benefits coverage. Passengers injured in car accidents usually have some options for seeking compensation.
Want to learn more about your legal options for recovering compensation after a car accident? Get in touch with the car accident attorneys at Marks & Harrison today. We are an established Virginia personal injury law firm. Our attorneys have the experience and resources to seek a favorable outcome for Virginia car accident victims. Contact our office today for a free consultation.
Identifying the Driver at Fault for Your Personal Injury Claim
Virginia is one of the states that follows a contributory negligence system when determining fault and compensation in car accident cases. Under a contributory negligence system, a person is not eligible to receive compensation for an accident if their actions in any way contributed to causing the collision. Contributory negligence binds court decisions. It also significantly guides how an insurance adjuster may value a car accident claim as well.
Identifying the at-fault driver in a car accident case is crucial in states that follow a contributory negligence model. All drivers have a duty to follow the rules of the road and drive with reasonable care. Determining fault for an accident then becomes a matter of proving negligence on the part of a driver. Examples of behavior that may be considered negligent include:
- Driving under the influence
- Speeding
- Failing to obey traffic signs and signals
- Making unsafe lane changes
- Following another car too closely
- Driving improperly for current road and weather conditions
- Failing to yield the right of way
- Drowsy driving
- Distracted driving
It is the driver’s responsibility to obey traffic rules, maintain control of the vehicle, and avoid distractions. After a crash, passengers will typically file a claim against the car insurance of either one or both drivers involved in the collision.
Why does determining fault matter if you are a passenger? As a passenger, you can file an insurance claim against the other driver, the driver you shared the car with, or in some cases, both if both contributed to the accident.
Why Is It Important to Determine Fault in a Car Accident?
Determining fault isn’t always easy. In some situations, both drivers may share some portion of the blame. In that case, the other driver’s insurer may only want to pay you partial compensation for your injuries. This can complicate the claims process. Often, passengers don’t want to file a claim or sue the person they were sharing the car with, especially if a friend was driving. However, it’s important to remember that if your friend carries liability insurance, the point of insurance is to protect anyone who is injured.
In some cases, such as when the other driver is at-fault and uninsured, a passenger may need to turn to their driver’s uninsured motorist insurance for coverage. The injured passenger may turn to their own insurance policy in some instances.
Injured passengers may file a claim against their Medical Expense and Loss of Income Benefits Coverage if they carry that type of optional coverage. Medical Expense insurance covers necessary medical care expenses, and hospital expenses resulting from an auto accident regardless of who caused the accident. If the driver of the vehicle in which you were a passenger has Medical Expense insurance, it also should cover you as a passenger in the vehicle.
Passengers shouldn’t feel conflicted about filing an insurance claim and seeking the money they need to recover financially from a serious accident. Discussing your options with an experienced Virginia car accident attorney is a good first step to take. An attorney at Marks & Harrison can file the appropriate claims with the insurance companies and pursue compensation on your behalf.
Do Passengers Ever Share Liability for an Accident?
Generally speaking, passengers are not liable for causing an accident, even if they momentarily distract the driver of the vehicle. In most cases, the fault rests with one of the drivers involved. Drivers are responsible for their actions behind the wheel. It is up to the driver to avoid distractions and keep their focus on the road.
There can always be exceptions. If a passenger tries to take control of the vehicle, such as by grabbing the steering wheel, then the passenger may be found to be at fault for a car accident. Generally speaking, however, it is unusual for a passenger to be found liable for an accident. If you are a passenger, it is important to remember that the driver needs to stay focused on the road. Do your best to keep distractions to a minimum.
Seeking Legal Representation as a Passenger in a Car Accident
Passenger claims may seem more straightforward than other types of car accident claims. Unfortunately, passenger claims are sometimes anything but straightforward. Complicated liability and relationship dynamics can make filing an insurance claim or personal injury lawsuit challenging. Having a trusted attorney file a personal injury claim for you and negotiate on your behalf can make the process more comfortable. It may also help maximize your chances of recovering compensation for your injuries.
Talking to an experienced Virginia car accident attorney is the best way to understand your legal options. At Marks & Harrison, we do all the heavy lifting and negotiating while you focus on your recovery. To talk about how we can help you seek the compensation you deserve, contact our office today. We offer a free and confidential consultation to help get you started.
