How Much Money Can a Passenger in a Car Accident Receive?
Being involved in a car accident can be a frightening and overwhelming experience for everyone involved.
Navigating the aftermath can be particularly complex, especially if you were a passenger rather than the driver. Fortunately, as a passenger in a car accident, you have the same legal right to file a personal injury claim as the driver. This means there are no specific limits on potential compensation simply because you weren’t behind the wheel.
Rights of Passengers in Car Accidents
The key distinction between a driver's case and a passenger's case is that passengers are typically not at fault in an accident. This often makes it a matter of determining how much compensation a passenger might receive.
How Much Can a Passenger Claim?
In 2021, the average bodily injury claim settled for around $22,734, while the average property damage claim settled for about $5,314. However, these figures don’t account for the number of injured individuals in a vehicle, which can influence how much each person receives.
Compensation for passengers is determined on a case-by-case basis and can be influenced by various factors, including:
Available Insurance Coverage
The amount of compensation a passenger can receive largely depends on the insurance coverage of the at-fault driver. Many states mandate only minimal liability insurance, which usually covers between $15,000 and $50,000 in bodily injury damages. If multiple passengers are injured, the compensation may need to be divided among all affected individuals.
This situation highlights the importance of drivers opting for uninsured or underinsured motorist coverage (UM/UIM). Even if you are injured as a passenger, this policy can protect you and significantly increase the compensation available for your injuries.
Special Damages
Special damages encompass economic costs that a car accident victim incurs. This includes:
- Past and future medical expenses
- Costs for physical, cognitive, or psychological therapy
- Lost wages from missed work
- Expenses for repairing or replacing personal property
- Funeral costs in the unfortunate event of a death
As a passenger, you can seek compensation for any or all of these damages.
Injury Types: The severity of your injuries will directly affect the compensation amount. Catastrophic injuries like paralysis or traumatic brain injuries usually garner higher settlements than minor injuries. Treatments requiring hospitalization or surgery also lead to larger compensation offers.
Steps to Take After an Accident
If you are a passenger injured in a car accident, your first step should be to seek medical attention. Following that, consulting with an attorney is crucial. An experienced attorney can help you navigate your legal options and file a personal injury claim on your behalf.
Why Consult an Attorney?
Here are several reasons why you should consider speaking with an attorney:
- Understanding Your Rights: An attorney will clarify your rights and legal options, helping you assess whether you have a valid claim for compensation.
- Navigating Insurance Complexities: They can communicate with insurance companies to ensure you receive fair treatment and are not undervalued in your claim.
- Gathering Evidence: Your attorney will help collect and preserve essential evidence, such as medical records and eyewitness accounts, which are critical for your case.
- Dealing with Liability Issues: If multiple parties are involved, an attorney can navigate these complexities and ensure your interests are protected.
The Claims Process
- Identify Liability: Determine who is responsible for the accident to know which insurance company to file your claim with.
- Collect Information: Gather evidence from the accident scene, including photos and documentation of any injuries and expenses.
- File a Claim: Work with your attorney to file your personal injury claim, ensuring you have the necessary proof to support your case.
FAQs
Can a Passenger Sue the Driver? Yes, passengers have the legal right to sue the at-fault driver. However, pursuing the driver's insurance company is typically more practical, as they can cover the compensation needed.
Am I Eligible for Pre-Settlement Funding? Absolutely! Passengers injured in a car accident are eligible for pre-settlement funding if they meet certain criteria. This includes being at least 18 years old, having legal representation, and possessing a viable personal injury claim.
Secure Pre-Settlement Funding with PrimeCare Network
If you're facing financial difficulties due to lost wages or unexpected expenses while waiting for your personal injury case to settle, PrimeCare Network offers pre-settlement funding to help ease your financial burden. Unlike traditional solutions, our funding is not contingent on your employment status or credit score. As long as you are 18 or older and have legal representation, you can apply for funding today.
Don’t wait! Call us at 888-474-8473 or Apply Now to learn more about how pre-settlement funding can provide the financial relief you need while you await the resolution of your case.
PrimeCare Network provides pre-settlement funding, also known as consumer litigation funding, through various products tailored to the customer's state of residence or legal circumstances. Many consumers receive pre-settlement funding via a purchase agreement that assigns a portion of their potential settlement proceeds. In contrast, others in states like South Carolina and Colorado may be offered funding as a pre-settlement loan. It's crucial to understand the significant differences between these transactions, so we encourage consumers to thoroughly review the terms offered by any funding company.
