Were you a passenger in a car accident? From a legal standpoint, a passenger often has the best case, for several reasons. First, a passenger cannot be at fault, so chances are she can recover fully from the at-fault driver(s). There is also a greater likelihood of available insurance coverage to cover his or her claim, as discussed below. Finally, a passenger does not have to worry about the hassle of repairing or replacing a car or lining up a rental car.
When we take on a case for a passenger, it usually fits within three categories:
1) the driver of the other vehicle is completely at fault
2) the driver of the vehicle the passenger is occupying is completely at fault
3) both drivers share some fault.
Below are a few notes about all three scenarios:
1. The driver of the other vehicle is completely at fault
IF THE DRIVER IN THE OTHER VEHICLE WAS AT FAULT, OBVIOUSLY A PASSENGER CAN RECOVER FROM THE OTHER DRIVER. UNDER THOSE CIRCUMSTANCES, OUR FIRM WOULD FILE A CLAIM AGAINST THE OTHER DRIVER AND HIS INSURANCE COMPANY, AND THEN FILE SUIT IF NEEDED.
IF THE OTHER DRIVER IS UNINSURED OR DOES NOT HAVE ENOUGH INSURANCE, THE PASSENGER CAN TAP INTO THE UNINSURED MOTORIST COVERAGE PROVIDED BY THE OWNER OR DRIVER OF THE VEHICLE THEY WERE OCCUPYING. FURTHER, A PASSENGER CAN USE HER OWN UNINSURED MOTORIST POLICY IF SHE HAS INSURANCE (ANOTHER REASON TO BUY UM COVERAGE!). IN TOTAL, THERE ARE FOUR POTENTIAL INSURANCE POLICIES TO COVER A PASSENGER'S INJURIES.
FINALLY, THE AMOUNT OF A PASSENGER'S DAMAGES CAN NEVER BE REDUCED BASED ON HER NEGLIGENCE, BECAUSE THERE IS NO WAY TO BE AT FAULT IF YOU ARE SIMPLY "RIDING SHOTGUN."
2. The driver of the car you are riding in is at fault
IF THE DRIVER OF THE VEHICLE YOU OCCUPYING IS SOLELY AT FAULT, WE WOULD FILE A CLAIM AGAINST THAT DRIVER'S INSURANCE COMPANY. WHILE THERE MAY BE SOME COMPLEXITY WITH THE DYNAMICS OF THE RELATIONSHIP, I.E. HUSBAND AND WIFE, PARENT AND CHILD, BEST FRIENDS, ETC., THE LAW ALLOWS YOU TO COLLECT FROM THE FAULTY PARTY AND HIS/HER INSURANCE. IF THE DRIVER IS UNINSURED OR DOES NOT HAVE ENOUGH INSURANCE, THE PASSENGER'S UNINSURED MOTORIST POLICY WOULD PROVIDE ADDITIONAL COVERAGE. AGAIN, THE PASSENGER CANNOT BE AT FAULT, SO THE PASSENGER WILL BE ABLE TO RECOVER ALL OF HER DAMAGES FROM THE DRIVER AS LONG AS THERE IS ENOUGH INSURANCE COVERAGE.
3. Both drivers share some fault
IN LOUISIANA, FAULT CAN BE APPORTIONED BY PERCENTAGE TO ANY AND ALL PARTIES. THIS IS CALLED COMPARATIVE FAULT. IT IS POSSIBLE THAT BOTH DRIVERS, OR EVEN MULTIPLE DRIVERS, SHARE IN THE FAULT FOR CAUSING A WRECK. UNDER THAT SCENARIO, A PASSENGER CAN MAKE A CLAIM AGAINST EACH PARTY THAT SHARES IN THE FAULT. A PASSENGER CAN ALSO TAKE ADVANTAGE OF UNINSURED MOTORIST POLICIES, INCLUDING THEIR OWN POLICY, AS DISCUSSED ABOVE.
If you are a passenger and are injured in a car accident, you need a skilled and experienced lawyer who can find the most coverage available to pay for your damages. We have successfully handled every variation of passenger case as described above, on multiple occasions. If you were injured while riding in a vehicle, do not hesitate to call our office for a free consultation!
