
If you’re the driver of a car and get into an accident, you know that you can make claims against your own insurance company or another driver’s insurer. What happens if you are a passenger who gets hurt in a crash? Our Westchester County car accident attorneys can tell you if you have a case.
When Can a Passenger Sue For Damages?
Yes, if a passenger is injured and will have bills to pay as a result of an accident, suing for damages is likely an option. The passenger can go after the insurance policy of the at-fault driver, even if that means suing the person who was driving them around.
If you were hurt while riding in someone else’s car, you would first submit a claim with one of the driver’s insurance companies. If they do not offer you enough money to cover your expenses, that is when you would pursue compensation through a lawsuit.
What Kinds of Damages Can a Passenger Win?
A successful lawsuit can help an injured person collect many types of damages after an accident. You could be reimbursed for things like:
- Medical expenses
- Lost wages
- Loss of earning potential
- Psychological pain and issues like PTSD
- Anguish from disability or disfigurement
- Loss of enjoyment
A car crash and the injuries it causes can have all sorts of effects on people. Our lawyers can help you fight for fair compensation that addresses everything that you have experienced as a result of the negligent driver’s actions.
What Unique Challenges Can a Case Like This Face?
A passenger can face some hurdles when they decide to sue for damages. One issue is fraud. If you get into an accident and sue your own driver, an insurance company might try to accuse you and the “negligent” driver of fraud. Your friend or family member who was driving won’t pay out damages. Their insurer does, so maybe you’re both trying to get one over on the driver’s insurance provider.
Another issue with these types of claims is that insurers will often try to use the relationship you have with the driver against you. You wouldn’t want your friend’s premiums to go up, would you? An insurer can try to guilt you all that they want to though. If you were hurt, you should be compensated, and even if you sue a driver you know that money won’t be coming right out of their pocket anyway.
Do I Need a Lawyer to Sue For Damages?
Not necessarily, but a lawyer can do a lot to help you with your case. An attorney from our firm can help with:
- Gathering evidence
- Preparing for depositions or testimony
- Negotiating with insurers
- Calculating fair compensation
- Filing your lawsuit before the statute of limitations expires
Schedule Your Free Consultation
So if you were the passenger of a car and you got hurt in an accident, you may have legal options. Contact Hausman & Pendzick to schedule a consultation with our team and find out more about how you can claim compensation.