When discussing car accident cases, we often think of the dispute as being between the drivers. In reality, many cases involve injured passengers. Often, these passengers are unsure of their rights, and an attorney can help them get fair compensation.
If you were a passenger in a car accident, you have rights to legal action and fair compensation, just like a driver would. You can still file an insurance claim even though you were not driving the car. Since Georgia is a fault-based state, you might have to file a claim with the insurance of one or both drivers, depending on the situation. Passengers can also file lawsuits to claim more extensive damages, or if the drivers are uninsured. If the at-fault driver does not have insurance, you can still sue the driver, and they might have to pay for your damages out of their own pocket.
To discuss your rights and legal options as an injured passenger, call our Georgia car accident attorneys at (844) 876-4357 and schedule a free review of your case with our team at Howe Law.
Can I File an Insurance Claim as a Passenger Injured in a Car Accident in Georgia?
Many injured passengers are not sure how to file an insurance claim if they are not the driver. Many others mistakenly think they cannot file a claim at all since they were not behind the wheel. This could not be further from the truth. Anyone injured in the crash may file an insurance claim even if they were not driving.
Passengers have the same rights as injured drivers in car accident cases. The fact that you were not the one behind the wheel does not somehow limit your ability to seek compensation for your injuries. Our Georgia car accident lawyers can help you go over possible legal options and determine which is best for your case.
Since Georgia is a fault-based state, injured accident victims, including passengers, can file third-party claims with the insurance of the driver who caused the accident. This is where things might get tricky, as it might not be immediately obvious who caused the accident. The at-fault driver might be the other driver or the person who was giving you a ride. It might also be both if both drivers contributed to the crash.
Many passengers do not have auto insurance themselves. Perhaps you do not own a car, and a friend was giving you a ride when an accident occurred. You do not need to have auto insurance to be able to file an insurance claim against someone else. This goes for both passengers and drivers.
It is best to speak with an attorney about the accident and your injuries. Your lawyer can help you determine how to file an insurance claim and if other legal options might be helpful to your case.
Can Passengers in Georgia Car Accidents Sue for Damages?
As with insurance claims, passengers may sue the other driver or the driver whose car they were riding in for damages. Also, like insurance claims, you might end up suing one or both drivers, depending on who you believe is at fault. This is often a difficult position to be in for injured passengers whose friend or family member is the at-fault driver. If you find yourself in this position, speak to an attorney for assistance.
Car accident lawsuits tend to be based on negligence. To establish negligence, you must show how the defendant owed you a duty of care or safety and how they violated that duty. Additionally, the violation of duty must be the direct and proximate cause of your damages.
In car accident cases, drivers owe a duty of care to everyone else on the road to drive with reasonable safety under the circumstances and follow traffic laws. This duty is owed to other drivers and passengers. Not only does the other driver in the accident owe you this duty, but so does the driver in the car you were in when the crash happened.
On top of all that, passengers arguably have an easier time getting compensation in lawsuits because they are rarely at fault, even partially, for a crash. It is difficult for other drivers to shift blame for a collision to a passenger.
What Happens to Passengers if The At-Fault Driver is Uninsured After a Car Accident in Georgia?
If one or both drivers in a car accident are uninsured, injured passengers might have difficulty getting fair compensation. Often, car accident victims pursue insurance claims because doing so is often less intimidating and faster than filing a lawsuit. Unfortunately, if no insurance is available, an injured passenger might have little choice but to sue for damages.
One possible option for passengers who also have their own auto insurance is to file a claim with their insurance. You might have uninsured motorist coverage that covers you in the event that an at-fault driver in a crash does not have any insurance. However, uninsured motorist coverage is not required in Georgia, and many people choose not to carry it because it is more expensive. In that case, talk to your lawyer about initiating a lawsuit.
Filing a lawsuit may seem daunting, but it might have certain advantages. As mentioned before, passengers are not usually at fault for accidents, and the defendant might have a difficult time trying to argue any kind of contributory negligence. Additionally, plaintiffs in lawsuits may claim damages that are typically unavailable through standard insurance claims. For example, you can claim various non-economic damages for pain, suffering, and related injuries. Insurance usually only covers economic losses, and non-economic damages would be off-limits.
Contact Our Georgia Car Accident Lawyers for Help Getting Compensation After a Crash
Call our Macon, GA car accident lawyers at (844) 876-4357 and set up a free, confidential evaluation of your potential claims with our team at Howe Law.
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