Injured as a passenger in a car accident? You may have a claim for compensation, even if the driver is a friend or family member.
You were hurt in a car accident where someone else was driving. What now? Whether the accident was caused by the driver of the vehicle you were in or not, you have a potential claim for compensation for your injuries or damages that arise as a result of the accident. This includes if you were a passenger in a personal vehicle, a bus, uber, or taxi.
Passenger rights
Passengers that are injured in car accidents are usually covered under the insurance plan of one or both of the drivers involved in the accident. It is important to remember that, as a claimant, in suing the driver, you are effectively suing their insurer who is obligated to defend the claim. This means that the compensation that you receive does not directly come from the driver themselves, but the insurance plan that they pay into. You should not be worried about suing if a family member or friend is driving as you are claiming damages against their insurance, and not them.
Who do I start my claim against?
It is common for people to start a claim against their driving family member, and the owner of the vehicle, whether or not they end up being found to be at fault for the accident. This is done to ensure the injured party is covered in the case that family member is found to be even a portion at fault for the accident. If a person who is liable for your injuries is not named in your claim, you will lose out on the portion of your damages that is assigned to that person. This is the precise reason why they carry insurance; to make sure their friends or loved ones are protected.
The at-fault driver's insurance premiums will generally increase when the insurer has to pay out money, like to repair the damage to the vehicle(s), regardless of whether a personal injury claim is filed or not. In starting a claim against the at-fault driver, you are at least lessening the burden of potential medical expenses or loss of wages for one of you. The amount that the insurance premiums go up are unlikely to exceed your potential damages, depending on your injuries.
In your Statement of Claim, you will need to list all the parties that are potentially liable for your injuries. Usually this will be the two drivers involved in the car accident. This can also include the owners of the vehicles. This is why it is important to gather information about the other driver and their insurance immediately following a car accident. In a single vehicle accident, you would only name the driver of the vehicle you were in and the vehicle's owner.
Starting a claim
Starting a claim can be stressful or intimidating. You may have questions regarding who to name and how the process works.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
