For passengers, a car accident may be significantly disorienting and traumatic, because unlike drivers who may have been complicit in causing an accident, passengers are often completely unaware before it happens. Passengers are also generally not responsible for the crash, which means they often have a strong legal foundation for pursuing compensation.
However, the amount a passenger can recover depends on several factors, including the severity of injuries, the availability of insurance coverage, and the state in which the accident occurred. This article will guide you through passenger rights, the importance of fault, and the potential compensation passengers may be entitled to receive.
Passengers have specific legal rights in car accident cases, and understanding these rights can significantly affect a claim's outcome. These rights ensure passengers are fairly compensated for their injuries and other damages.
Passengers can file a claim against the at-fault party’s insurance policy. This may include:
Passengers injured in a car accident can typically access coverage for medical expenses, regardless of fault, through:
All no-fault states require drivers to have PIP as part of their auto-insurance policies; while only Maine (Me. Stat. tit 29-A, § 1605-A), New Hampshire (N.H. Rev. Stat. Ann. § 264:16) required drivers to have Med Pay coverage.
Passengers can seek legal representation to ensure their claims are handled correctly and fairly. An experienced attorney can help navigate the complexities of multiple insurance policies, state laws, and liability disputes.
Passengers are generally entitled to compensation for their injuries and damages in a car accident. Multiple state laws reinforce this position: In Florida, for instance Fla. Stat. § 627.736 provides that any insurance policy must provide personal injury protection to motor vehicle passengers.
The types of compensation available include:
Determining fault plays a critical role in how much compensation passengers can recover. Here’s why:
Compensation primarily comes from the at-fault party’s liability insurance. The compensation available can be limited if the at-fault driver has inadequate coverage. In such cases, passengers may need to pursue other avenues, such as:
In states with comparative or contributory negligence laws, fault may influence the outcome of claims. While passengers are rarely deemed at fault, certain situations—such as distracting the driver—could reduce their compensation.
However, courts have also held that passengers in a vehicle have a duty to act prudently or as a reasonable man would to avoid accidents. Failure to carry out this duty could cause them to be deemed contributorily negligent, meaning they would lose right to any compensation.
In Yearout v. Chicago, Milwaukee, St. Paul Pacific R, 82 Idaho 466, 354 P.2d 759 (Idaho 1960), the court concluded that when a passenger knows an approaching train at a railroad crossing, the passenger must either warn the driver or take any other appropriate action to avoid injury, and a failure to do that is enough to prove contributory negligence.
Each insurance policy has coverage limits that cap the maximum payout. For example, if the at-fault driver’s policy covers $50,000 in bodily injury per accident and multiple passengers are injured, that $50,000 must be divided among all claimants.
The compensation a passenger can recover depends on numerous factors, including the severity of injuries, the level of insurance coverage, and state-specific laws. Below is an overview of potential recovery amounts and factors influencing these figures.
In the United States, settlements for car accident injuries vary widely. Minor injuries, such as whiplash or bruising, might result in settlements ranging from $5,000 to $25,000.
More severe injuries, such as broken bones or internal trauma, can result in compensation between $50,000 and $100,000. For catastrophic injuries—such as spinal cord damage or traumatic brain injuries—settlements often exceed $1 million.
These recoverable amounts may, however, reduce or increase depending on the state the accident occurs in. Each state has unique laws that may influence compensation amounts.
Key differences include:
In no-fault states, passengers must file claims through the driver’s PIP coverage, regardless of fault. Passengers can file claims against the liable party’s insurance in at-fault states.
Some states cap non-economic damages (e.g., pain and suffering) or punitive damages. Nine states currently limit the non-economic damages for personal injury cases and they are Alaska, Colorado, Hawaii, Idaho, Maryland, Mississippi, Ohio, Oklahoma, and Tennessee.
To illustrate, in Alaska, Alaska Stat. § 09.017.010 provides that all non-economic damages must not exceed whichever is greater between $400,000 or the victim’s life expectancy in years multiplied by $8,000.
But when the victim has suffered severe permanent physical impairment or severe disfigurement, non-economic damages will not exceed $1,000,000 or the victim’s life expectancy multiplied by $25,000 – whichever is greater.
In states like Maryland (Harrison v. Mont. Co. Bd. of Educ, 295 Md. 442, 456 A.2d 894 (Md. 1983)), passengers will be prevented from recovering any compensation for the accident if they are even in the least bit responsible for it.
But in other states like New York (N.Y. C.P.L.R. § 1411), passengers will be allowed to recover, no matter how much fault they bear for the accident; their compensation will only be reduced in proportion to the percentage of the accident they caused.
Finally, in states like Texas (Tex. Civ. Prac. & Rem. Code § 33.001) the passenger will not be able to recover if they are 51% or more responsible for the accident. In some other states, 50% is the benchmark.
The following factors significantly impact the amount a passenger can recover:
Passengers injured in car accidents have the right to seek compensation for their injuries and damages, but the amount they can recover depends on numerous factors, including fault, state laws, and the extent of injuries. Settlements can range from a few thousand dollars for minor injuries to millions for life-altering conditions.
Navigating the aftermath of a car accident as a passenger can be overwhelming, especially when determining fault and negotiating fair compensation. That’s where we - The Accident Helpers step in.
With our nationwide network of top-tier car accident attorneys who specialize in cases just like yours, you can rest assured that you will get your compensation as soon as possible. Whether you need assistance filing claims, negotiating with insurance companies, or understanding your rights as a passenger, we can connect you with experienced legal professionals in your area.
All you have to do is contact us, provide us with the details of your case, and we immediately get to helping you. The best part is, our services are completely free!
Reach out to The Accident Helpers today and take the first step toward protecting your rights and maximizing your compensation.