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Can I Recover Compensation If I Was the At-Fault Driver's Passenger?

Posted on in Car Accidents

Nueces County car crash injury lawyerIt can be very scary to be a passenger in a car driven by a risk-taking driver. There is very little you can do to prevent a car accident when you are not in the driver’s seat. Getting out of the car may not always be a good option. Asking the driver to please slow down or get off their phone may be ineffective, and doing so could even cause the driver to behave even more recklessly. 

If you get into an accident due to your driver’s negligence, you may be able to recover compensation. There can be differences in how your case should be handled depending on your relationship with the driver. For example, your case might be different if you are a friend of the driver as opposed to an immediate family member. If you were injured in a car accident as a passenger of the at-fault driver, your best option is to speak with an attorney. 

Recovering Compensation as a Social Passenger

If you were a friend, acquaintance, or even in some cases a family member of the careless driver who caused the accident, you may be able to recover compensation through the driver’s insurance policy. If the driver had the right types of coverage, you may only need to file a claim as one normally would after an accident. You may even have a bit of an easier time showing that the driver was negligent, as you likely had a very clear view of exactly what the driver did to cause the accident. Seeking compensation for medical bills through your own insurance coverage may also be an option for some. 

Sometimes, a social connection of a negligent driver will hesitate to file a claim out of fear that it will hurt their friend. However, you should not be the one suffering because your friend drove in a careless manner and hurt you. You need your medical costs, lost wages, and other expenses covered. Remember that this is why people carry car insurance, so as long as your friend was insured, they will likely not pay out-of-pocket. 

Can I Recover Compensation If I Am the Driver’s Immediate Family Member?

If you were injured by an immediate family member who was driving carelessly with you in the car, you may have more limited options when it comes to recovering compensation. Especially if you are covered under the driver’s insurance policy, there may be a few complications. For example, if your spouse is the one who caused the accident and you share an insurance policy, you may be limited to pursuing compensation from your own insurance company. This may result in a lower settlement, or some policies may seek to bar this type of claim. 

If another driver shared fault, you may have a claim against them. Each case is unique. An attorney can review your insurance policy and the circumstances of the accident with you and offer more specific advice. 

Contact a Nueces County Car Accident Attorney

If you were injured by a careless driver as their passenger, The Edwards Law Firm may be able to help you recover compensation. Our experienced Corpus Christi car accident lawyers will strive to get you the highest possible amount of compensation. Call 361-698-7600 to receive a free consultation. 

 

Source:

https://www.tdi.texas.gov/pubs/consumer/cb020.html

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