Passengers harmed in car accidents can sue for compensation as long as they didn’t primarily cause the accident themselves. So, you can sue the driver of the car you were riding in, the driver of another vehicle involved in the crash, or both, depending on the nature of the accident.
This guide from our experienced car accident attorneys at Bayuk Pratt offers all you need to know as a passenger in a Georgia car accident to protect your rights, including what to do after a car accident, the evidence you need to prove your claim, and what insurance coverage you may have available to you.
What Steps Should You Take If You Are a Passenger in a Georgia Car Accident?
Protect your health and strengthen your claim by taking the following steps after a car accident:
- Seek prompt medical attention – Don’t hesitate to see a healthcare provider. Delays in medical care can harm your car accident claim.
- Report the accident – Call 911 right away. A police officer will arrive and create a crash report documenting key details about the accident.
- Document the accident scene – If you’re able, take photos and videos of vehicle damage, accident debris, skid marks, traffic signs and signals, road and weather conditions, the surrounding area, and visible injuries. If there were any witnesses, gather their contact information.
- Be cautious when speaking to insurers – Refer insurance companies to your attorney if they contact you. If you talk with them, never admit fault, never apologize, don’t offer any recorded statements, and only provide basic facts without speculating.
- Contact an attorney – A skilled car accident lawyer at Bayuk Pratt can protect your rights and lead you through the whole process of pursuing compensation.
What Evidence Can Prove Who Is At Fault for the Car Accident?
Passengers often feel unsure about who is at fault because they didn’t control the vehicle involved in the collision. Fortunately, many forms of evidence can reveal who caused the collision. Your lawyer may gather:
- Police reports
- Accident scene photos and videos
- Witness statements
- Traffic or dashcam footage
- Cellphone records
- Expert analysis.
Together, this evidence provides a clear picture of how the accident occurred and who is responsible for passenger injury claims. If both drivers share responsibility for the crash, you can file claims against both of them. Once your attorney determines the liable party or parties, they will begin preparing a compelling case for holding them accountable.
What Compensation Could a Passenger Receive in a Georgia Car Accident Claim?
When someone else’s negligence causes a car accident, they may be liable for the physical, emotional, and financial harm they cause. As a passenger in a Georgia car accident, you may pursue compensation for the following:
- Medical expenses – Ambulance rides, ER visits, hospital stays, surgeries, doctor’s appointments, medications, medical devices, physical therapy and rehabilitation, and future medical expenses
- Lost wages – Hourly wages or salary, missed raises or promotions, commissions and tips, sick days, vacation time, medical benefits, and future lost wages
- Pain and suffering – Compensation for the physical pain and mental anguish caused by the accident and your injuries
- Emotional distress – Compensation for the psychological damage caused by the accident and your injuries, including anxiety, depression, and PTSD symptoms.
Can a Driver’s Auto Insurance Policy Cover My Passenger Injuries?
Many auto insurance policies include bodily injury liability coverage that applies to any person harmed by the policyholder’s negligence. If the driver of the car you rode in caused the crash, that driver’s insurance company can potentially pay for your injuries. If the other driver caused the crash, that driver’s insurance policy may cover you instead.
If both drivers share fault, you can seek compensation from both policies. This approach increases the total coverage available and often leads to a stronger outcome for the injured passenger.
Will My Car Insurance Cover Me If I Am a Passenger?
Your auto insurance can help in many scenarios. Many Georgia insurance policies include medical payments coverage (MedPay) or personal injury protection (PIP). These policies may cover your medical bills regardless of who caused the crash, even if you weren’t driving.
However, MedPay and PIP don’t provide the same level of coverage that pursuing compensation from the at-fault party can. An attorney at Bayuk Pratt can review your case for free, inform you of your legal options, and advise you on which may be the best to pursue.
What Happens If the Other Driver Lacks Auto Insurance?
If the at-fault driver has no insurance or carries inadequate coverage, you still have options. You can:
- Use uninsured motorist coverage if you have it
- Use MedPay or PIP coverage
- Sue the at-fault driver directly
- Seek compensation from other negligent parties.
Many injured passengers worry about suing friends or family. However, your claim usually targets the friend or family member’s insurance company, not the person you know. Your lawyer can guide you through this process.
How Long Do I Have to File a Lawsuit for My Injuries as a Passenger?
Under Georgia law, you typically have two years from the date of your injury to file a personal injury lawsuit. This deadline applies to passengers. If you miss the deadline, you will likely lose your right to recover compensation, no matter how serious your injuries may be.
Evidence can be lost or destroyed, and witness memories can fade over time. It’s essential to act swiftly if you want to build the strongest car accident claim possible. Contact a lawyer and begin pursuing your claim as soon as possible.
Contact a Georgia Car Accident Lawyer Today
Recovering the compensation you deserve as a passenger in a Georgia car accident often requires the knowledge and experience of a seasoned car accident lawyer. The team at Bayuk Pratt knows how insurance companies work. We have recovered over $300 million in settlements and verdicts for our clients. We’re dedicated to seeking justice on behalf of injured passengers, and we’re ready to fight for you. Contact us today for your free consultation.
