Can I Sue for Damages if I Was a Passenger in a Car Accident?

Written By:

l&i lawyer chris sharpe Christopher Sharpe
Home Seattle Personal Injury Attorneys Can I Sue for Damages if I Was a Passenger in a Car Accident?

If you’ve been injured in a car accident as a passenger, you’re in a solid legal position. If you had no control over what happened, then you are not at fault. You have a right to financial recovery for your medical bills, pain, and other losses. That gives you the right to pursue compensation for your injuries, whether the driver of your car, the other vehicle, or both were responsible.

What Are My Rights as a Passenger in a Car Accident?

As a passenger, you have the right to full compensation for your injuries.

When you’re a passenger in a car accident, the law protects you by holding the drivers accountable. You’re in a position to seek compensation from any party responsible for the accident. Know your rights to make sure you aren’t overlooked or left with unpaid medical bills and other losses.

  • You have a right to compensation and can pursue financial recovery for past and future medical expenses, lost income, and other damages, including pain and suffering.
  • You are free from blame since you weren’t driving. The fact that you are not responsible for the accident strengthens your claim.
  • You may have the option to claim from multiple insurers. Depending on who was at fault, you may have access to compensation from the insurance policies of both drivers and, if you have it, your own insurance policy.

Can I Sue the Driver of the Other Vehicle?

If the other vehicle’s driver caused the accident, you can sue them for your injuries.

As a passenger, you’re entitled to pursue compensation directly from the driver at fault – even if they were in another vehicle.

If their negligence or recklessness led to the crash, you can hold them accountable for all damages you’ve suffered by filing a claim against their insurance to ensure you’re not burdened with expenses that aren’t your responsibility. Here’s how:

  1. Prove the Other Driver Was at Fault: Show that the other driver’s actions caused the accident. Use police reports, eyewitness statements, traffic camera footage, and scene photos to prove they were at fault. If you need help, a Seattle car accident attorney can bring in accident experts to back up your case.
  2. File a Claim with Their Insurance: Once you know you can prove fault, file your claim against the other driver’s insurance policy.
  3. Demand Full Compensation: Make it clear that you expect them to cover your injuries, medical bills, and all other costs. You’re owed full compensation for all damages. Don’t let them shortchange you on any of it.
  4. Hire an Attorney if They Lowball You: If their insurance doesn’t offer enough or if you suspect they’re playing games in any way, get an attorney on your side. The attorney will give your case credibility, present solid evidence, and take the case to court if necessary.

Is It Okay to Sue the Driver of the Car I Was In?

You have the right to sue the driver of the car you were in if they were at fault – even if it’s uncomfortable.

It can feel awkward or even wrong to consider suing your driver, especially if they’re a friend, family member, or someone close to you. But remember:

  • Their insurance company, not the driver, usually pays for your injuries.
  • If their actions or negligence caused the accident, you are responsible for holding them accountable for the costs you face.
  • You deserve compensation, and their insurance is there for precisely this reason.
  • If you don’t pursue what you’re entitled to, you could be left paying out of pocket for their recklessness.
  • If your driver does not understand why you’re doing what’s best for you, have your attorney explain it to them.
  • If it’s a rideshare driver, their company has insurance specifically for those situations.

How Do Washington State Fault Laws Affect My Claim as a Passenger?

Washington follows a comparative negligence rule, meaning that fault in an accident can be shared among those involved. However, as a passenger, you generally don’t share any of this fault since you weren’t in control of either vehicle.

This law often benefits passengers because it allows you to pursue compensation from any driver found to be at fault, even if one driver was only partially responsible.

If both drivers share some blame, you may file claims against both to maximize your recovery. Even if one driver was only partially at fault, you can still pursue compensation from their insurance.

Understanding Washington’s fault laws means you can go after all available avenues for compensation, regardless of who was responsible or to what extent.

What If I Did Something That Contributed to the Accident?

If your actions as a passenger contributed to the accident, it could affect your ability to get full compensation.

In cases where a passenger distracts the driver or does something that causes or contributes to the crash, insurance companies will argue that you share responsibility. This can reduce the amount you’re eligible to receive. Here’s how it might impact your case:

  • Washington’s comparative negligence laws apply if you’re found partially at fault. This means your compensation will be reduced based on your level of responsibility.
  • The less you are at fault, the better for your case. A lawyer can help demonstrate that your role was minor or that the driver’s actions were the primary cause.
  • Situations like these can complicate your claim. Working with an attorney is wise to protect your rights, minimize your liability, and fight for fair compensation even if you share some fault.

If you think your actions might have contributed to the accident, don’t assume the worst. You may still have a case; an attorney can help you navigate these situations.

What Compensation Can I Receive as a Passenger in a Car Accident?

As a passenger, you’re entitled to full compensation for any damages resulting from the accident.

If you were injured as a passenger, you shouldn’t be left with the financial burden of medical bills, missed work, or long-term recovery costs. You have the right to seek a full range of damages to cover all aspects of your recovery. Depending on the specifics of the accident, your compensation could include:

  • Medical Expenses: Coverage for immediate medical bills, ongoing treatment, rehabilitation, and any future care related to your injuries.
  • Lost Wages: Compensation for income you lost while unable to work and any potential future earnings impacted by the injury.
  • Pain and Suffering: Financial compensation for the physical pain, emotional distress, and mental anguish caused by the accident.
  • Other Damages: This includes loss of enjoyment of life, disability, and any other hardships resulting from the accident.

Why Are Passengers Often Overlooked in Car Accident Claims?

Insurance companies tend to ignore passengers, but you can demand fair compensation.

When insurance companies handle car accident claims, they focus on the drivers and overlook the injuries and rights of passengers, leaving you without the full attention your claim deserves, even with serious injuries.

When they do pay attention, insurance companies will try to settle quickly, lump your case together with your driver’s, or undervalue your claim, hoping you won’t push back. You don’t have to accept less than what you’re owed.

  • Demand Attention: Make sure you handle the accident correctly by clearly documenting your injuries and medical needs and include them in any settlement discussions.
  • Avoid Quick Settlements: Early settlement offers from insurers will be lower than what you’re owed. Don’t settle too early without evaluating your actual costs first.
  • Get Legal Representation: If you feel ignored, an experienced Seattle car accident lawyer can advocate for your case, ensure your injuries aren’t brushed aside, and ensure that you receive the full compensation you’re entitled to.

Should I Hire a Personal Injury Attorney After a Car Accident as a Passenger?

If you’ve been injured, having a lawyer on your side can be crucial to getting the compensation you deserve.

While not every motor vehicle accident requires legal representation, severe injuries, and complex insurance issues make hiring a lawyer smart. Be cautious of insurance companies. They will try to limit what they pay out or ignore your claim, assuming you won’t pursue it. Here’s when it’s wise to consult a lawyer:

  • If You Suffered Serious Injuries: The more severe your injuries, the greater the medical costs and long-term impact – and the more important it is to secure full compensation.
  • When Multiple Parties Are Involved: If the accident involved more than one driver or a dispute over who’s at fault, a lawyer can handle the complexities of pursuing multiple claims.
  • If Insurance Companies Are Lowballing You: A Seattle car accident attorney will advocate for you.
  • When You’re Unsure of Your Rights: If you’re unclear about your rights or don’t know what to do, a lawyer can guide you and protect your interests at every step.

How Can a Personal Injury Law Firm Help Me?

Accident and injury law is all personal injury attorneys do. Passenger rights are a special area of the law. A personal injury lawyer is dedicated to protecting your rights as a passenger and fighting for the compensation you deserve.

As an injured passenger, you’re uniquely positioned to pursue full compensation, but insurance companies will not treat you fairly. Insurance companies don’t think you are important. A personal injury attorney will convince them that you are important and take on the legal burden so you can focus on recovery.

A good personal injury attorney will negotiate aggressively with insurers to ensure your medical bills, lost wages, pain, and suffering are fully covered. Everything from investigating car accidents to gathering evidence and managing all communication with insurance companies is their job. If you need to pursue a claim against a driver who’s a friend or family member, it will be managed professionally and respectfully, focusing on the insurance companies – not personal relationships.

Don’t navigate this process alone. Contact a law firm committed to helping passengers like you get the justice and financial recovery you deserve. Call or write today for a free consultation. You will get a review of your case, answers to your questions, and a straightforward discussion of the best way forward.

FAQs – Can I Sue for Damages if I Was a Passenger in a Car Accident?

Can I still receive compensation if I wasn’t wearing a seatbelt?

Yes, Washington law allows passengers to seek compensation even if they weren’t wearing a seatbelt. However, it may affect the amount you can recover if insurers argue that your injuries were made worse by not wearing one.

What if neither driver has enough insurance to cover my injuries?

If both drivers lack sufficient insurance, you still have options. Underinsured motorist coverage on your auto policy, if you have one, can help cover your damages. In some cases, additional claims may be available depending on the specifics of the car crash.

How long do I have to file a passenger injury claim?

In Washington, you generally have three years to file a personal injury claim from the accident date. However, acting sooner is often better to ensure evidence is preserved, and witness memories are fresh.

Can I file an insurance claim if my driver and I agree not to sue?

An agreement not to sue doesn’t prevent you from filing a claim with the insurance company. Personal agreements can’t waive your right to compensation from insurance.

What if my driver’s insurance company denies my claim?

Insurance companies can try to deny or reduce passenger claims, especially if they feel they can avoid paying. A lawyer can fight these denials by presenting evidence and negotiating directly with the insurer to ensure your personal injury lawsuit is taken seriously.

How can I prove the extent of my injuries for my claim?

Documenting your injuries is crucial. Tell your doctor about your problems. Don’t leave any details out. Keep all records of medical treatment, doctor’s notes, and any receipts for treatment. Photos, witness statements, and expert assessments can also strengthen your claim, and a lawyer will know how to build this evidence effectively.

Will I need to go to court to get compensation?

Most cases settle out of court, but some go to trial if insurers refuse a fair settlement. Lawyers always do what they can to avoid an unnecessary trial but are prepared to take your case to court if necessary to fight for the best possible outcome.

Meet Our Personal Injury Attorney

Cydney Campbell Webster

Cydney, a shareholder at GLP Attorneys, has been a successful personal injury lawyer since 1993. She specializes in cases in Seattle involving auto accidents, construction site injuries, and defective products. Her track record includes significant settlements, notably a $7 million case for a child injured in a playground incident.

Read More About Cydney Campbell Webster

How to Get A

Free Consultation & Case Evaluation

Consultation Form

Complete the free case evaluation form below.

Get Started

Phone Call

Available:
Mon-Fri 9am-5pm

Email

Send an email message through our contact form.

Send A Message

Schedule an Online Meeting

Schedule a free 30 minute consultation online.

Free Case Evaluation Form

The information you provide to us is private and confidential information. It will not be disclosed to anyone.

Name(Required)
MM slash DD slash YYYY
Where did the injury occur?(Required)
Tell us about your injuries, how you were hurt, and how it affects your life. Tell us about what is on your mind. What can we do for you??
After submitting this form, we will reply to you today or by the next business day.

The Smart Way to Find Out If You Have a Good Case.

Get a free consultation from a personal injury lawyer: Tell us about your concerns, and let us show you smart choices you can make for your claim. At the end of the call, you will have fresh ideas and an action plan, no matter what you decide. You will know that you have taken essential steps to get your claim moving in the right direction. Protect yourself and your injury claim with a free case consultation.

Don't Guess

Don't guess about the value of your claim. Don't compare your claim to someone else's. You are unique. Your facts and your injuries make your case unique. Get an expert opinion about your claim from an experienced personal injury lawyer. Expertise counts, so use it to your advantage. Consultations are free. This free strategy session will help you understand what is happening and what to do.

Are Attorney Consultations Really Free?

Yes, they are free. Because both you and the attorney want to know if your case is any good. A free phone consultation or email gets that figured out quickly. Questions are answered for free, and no time is wasted. Call or email for legal help to determine what is going on with your insurance claim or medical situation and what you should do about it. A free consultation is going to help.