What are My Rights to Sue as a Passenger in a Car Accident?

Even as just a passenger in a car accident, you should not have to endure your injuries and other damages alone. In fact, you have just as much of a right to file a personal injury claim against the negligent party as the driver does. Find out how a proficient Buffalo car accident lawyer at Ramos & Ramos can work on your behalf to obtain the financial compensation that you require to heal.

Do I qualify for a personal injury claim as a passenger in a car accident?

As a passenger, you are eligible to recover the same economic and non-economic damages as a driver in a car accident. Economic damages include current and future medical bills, lost wages, medical equipment, and outside assistance, while non-economic damages include emotional distress, pain and suffering, and loss of independence, among others.

Before filing a personal injury claim, your attorney will first submit a claim to the negligent party’s insurance company. If they are unwilling to negotiate a fair settlement that fully compensates for your injuries, then your attorney will pivot to filing a personal injury claim.

If the claim is against the host driver, typically the main concern is that your relationship will take a hit, as they will likely be a friend, family member, or otherwise. However, it is important to understand that your claim is not directed at them, but rather, at their insurance company. So you are not hurting their personal finances in the process of fighting for compensation.

So, regardless of your relationship with the driver, and regardless of you just being a passenger in the crash, you should do what is in your best interest and file a claim if you are suffering from long-term injuries, facing weighty medical bills or lost wages, or otherwise experiencing significant physical, emotional, and financial burdens.

As a passenger, what steps should I take immediately after a car accident?

To ensure that your personal injury claim is credible, you must satisfy the burden of proof. To do so, you should first call 911 immediately after your accident. Law enforcement officers will arrive to conduct a report and call medical attention. Once they are on the scene, you should seek medical treatment as soon as possible. In the meantime, make sure that you collect the contact information from all parties involved. This includes their name, number, driver’s license information, and insurance company information. Also, take photos and videos of the scene to document all damages. If there are witnesses present, ask for their contact information and their photos and videos.

Once everything settles down, collect any and all medical documents that are related to your injuries from the accident. Then, contact a talented Buffalo auto accident lawyer who will take it from there.

Contact Our Experienced New York Firm

If you require legal representation for matters of personal injury in New York, contact Ramos & Ramos. Whether you were injured in an auto accident, a slip and fall, or under any other circumstances, we’re here to help.