If you or a loved one have been injured as a passenger in an auto accident, you have rights. This article will break down your rights as a passenger based on accident liability in one versus two car accidents. Knowing your rights as a passenger in an auto accident is the first step to recovering what you deserve.
One Car Accident:
Almost always in a one-car accident such as running off the road or hitting a stationary object, the driver is liable and as a passenger, you have the right to file a personal injury claim against the driver’s insurance company if you have been injured. As a passenger, you are not liable for your injury and have the right to be compensated for all damages related to your injury, pain and suffering, medical care and loss of wages. However, there are always exceptions. One exception could be, as the passenger, you knowingly get into the car with an intoxicated driver or driver under the influence. You may not be able to receive any compensation unless there is proof of unpredictable negligence such as speeding or failing to yield.
Two Car Accident:
As a passenger injured in a two-car accident, you have the right to file a personal injury claim against both of the driver’s insurance companies. Unless the accident is obviously the fault of one driver only, both drivers may be deemed liable and negligent. Often these claims go to trial and a jury will assess and determine the amount of liability of each driver, which in turn, is the amount of compensation each insurance company is required to pay out.
- Kansas is a no-fault state, meaning that regardless which driver is at fault, the passenger must file a Personal Injury Protection (PIP) claim against the driver they were a passenger with first.
Your rights as a passenger in an auto accident need to be protected. It is imperative to consult with an experienced personal injury attorney prior to discussing accident details with an insurance adjuster or any other person involved. Unfortunately, insurance companies are looking to use any statement you say against you to close the case in the fastest and cheapest way possible.
If you have been injured in a car accident, The Law Offices of Reginald Keith Davis can help. Do not hesitate to call and schedule a free consultation with Reginald Davis, a licensed lawyer in Kansas & Missouri.