If you’re injured as a driver in an auto accident, then you have to worry about whether you shared fault in the accident and more when pursuing a personal injury claim. But what about if you’re injured as a passenger in an auto accident? Whose insurance do you file a claim with? Can passengers share fault in an auto accident? What are your options?
Here are some basics about liability as a passenger in an auto accident. As with all of our blogs, this isn’t legal advice, but basic information that may or may not be applicable to you. For legal advice, you will need to schedule a consultation with a personal injury attorney near you.
Who Do You File A Claim With If You’re Injured As A Passenger?
If you’re a driver, then dealing with the aftermath of an auto accident may be more clear-cut, depending on the circumstances. But if you’re a passenger, you may be at a loss, especially if it’s found that you didn’t share liability in the accident. Do you file a claim with the driver’s insurance? What about the other driver? Or do you stick with your own?
Especially in circumstances where the driver of the vehicle you were a passenger in was close to you, you may be reluctant to file a claim through their insurance, even if they were at fault for the accident, for fear of causing bad blood.
Whose insurance you file a claim with if you’re injured as a passenger in an auto accident will depend on the circumstances of the accident. You can file a claim with your own insurance, with the driver’s insurance, and/or with the other driver’s insurance. Depending on the circumstances of the accident, other parties may be involved. An attorney would be able to help you determine the best course of action for you.
Can A Passenger Be Liable In An Auto Accident?
Yes, there are circumstances in which the other people in the car played a role in the accident. Perhaps the driver was trying to stay focused on the road, but passengers were being rowdy or trying to antagonize them.
Some of the ways in which a passenger may be liable for or share liability in an accident include the following.
- Encouraging or enabling the driver. This can include forcing a fatigued or intoxicated driver behind the wheel as well as pressuring the driver to engage in or egging on dangerous behavior.
- Distracting the driver. The driver’s primary focus should be on the road. However, passengers may distract the driver through rowdy behavior, fighting, trying to show the driver something on their phone, and more.
- Trying to control the car. If the passenger tries to control the car, such as by grabbing the steering wheel or pushing on the brake or gas pedals, they can be liable for an accident.
- Giving the driver incorrect information. This includes intentionally failing to notify the driver of road hazards as well as situations like telling the driver it’s safe to back up when there’s actually a car going by.
- Coercing the driver into taking drugs and/or alcohol. The driver shouldn’t take these things if they know they are going to be driving, but people shouldn’t try to force them to if they know the person will be driving either.
These are a few cases in which a passenger can be at least partially liable for a car accident.
What Happens If A Passenger Shares Liability In An Auto Accident?
If a passenger is found to have liability in an auto accident, then there are cases in which the other parties involved, such as the driver, the other driver, and others involved in the accident may be able to recover damages from the at-fault passenger.
Have You Been Injured As A Passenger In An Auto Accident?
If so, schedule a case consultation with a personal injury attorney, such as the experts here at LeBaron & Jensen. If you’ve been injured due to someone else’s negligence, we can help you recover the damages due to you. Contact us today to schedule your free case consultation and let us see what we can do for you.
