Can I Sue If I Was A Passenger In A Car Accident – If you were injured as a passenger during a Texas auto accident, you can collect compensation by filing an insurance claim or personal injury lawsuit. The circumstances of your accident, your motorist’s insurance coverage, and your own insurance coverage will determine your options. Depending on the specific circumstances of the accident, you as a passenger can receive compensation for:
Due to the potentially complex nature of your personal injury claim, you should seek the advice of a qualified attorney.
Can I Sue If I Was A Passenger In A Car Accident
Texas follows a comparative fault system. This means that fault related to the accident directly affects the amount of damages allowed. Under state law, a driver who contributes or shares fault in causing an accident cannot recover the full amount of damages through an insurance claim or lawsuit. Any payment is reduced in proportion to their fault. If they are found to be more than 50 percent guilty, they cannot Recover compensation from other drivers.
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As a passenger, you may not have contributed to the accident. Therefore, you can recover 100 percent of the value of your damages.
All Texas car accident claims depend on proving negligence. You (or your attorney, if you are represented) must show that the driver was negligent in causing the accident. Negligence can be proven by showing the following:
When a person makes a claim against another person’s insurance policy, it is called a “third party liability claim.” If you are related to the driver or live with the driver, you may not be able to make a third party claim, as you may be covered under their insurance policy.
If the driver causes an accident and you are injured, you can file a third party liability claim with the driver’s insurance company. For example, if another car is in traffic behind the car you are riding in, it is considered a fault.
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If the driver causes an accident and you are injured, you can file a third party liability claim with the other driver’s insurance company. For example, if the car you are riding in is rear-ended by another car, the driver is at fault.
If both drivers contributed to the accident, you can file a third-party liability claim with both drivers’ insurance companies. If one insurance company fully covers your claim and you receive full compensation, you may not receive payment from another company.
Sometimes, drivers do not have insurance coverage or their liability limits are too low to cover all the costs.
If the at-fault driver does not have auto insurance or does not have enough coverage to pay the entire claim, you can file a claim with your own auto insurance company under uninsured/underinsured motorist coverage. This coverage applies when you are involved in an accident with an uninsured motorist, even if you were riding in someone else’s car.
If I Am A Passenger In A Texas Car Accident Can I Sue?
If you have your own auto insurance policy, you may be able to claim under personal injury protection while you wait for the claim to be resolved. The limit is usually low and may not cover all of your medical expenses, but you can get it while the liability for the accident is still determined because they are not subject to the establishment of liability.
Possible damages that you may be able to recover to compensate you for your injuries may include the following costs:
To help you navigate the complexities of your personal injury claim and recover the damages you suffered as a passenger in a collision, contact an experienced attorney. Bennett Injury Law attorneys can answer your questions. Call (972) 972-4969 to speak with someone about your case today.
Charles Bennett is an attorney and plaintiff’s trial counsel based in Dallas, Texas. His law firm, Bennett Injury Law, is a personal injury plaintiffs’ law firm specializing in commercial 18-wheeler accidents, wrongful death, brain injury, automobile accidents and workplace injuries. A case counseled by Charles in 2019 won $35 million in verdicts. Home » Car Insurance: Should You Be Legally Responsible for Passenger Coverage? Car Insurance: Should You Be Legally Responsible for Passenger Coverage?
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Imagine giving your coworker a ride home from work one evening. Luckily you accidentally hit a car on the way to send him home. As a result of the violent collision, your friend suffered a serious head injury. Even if the incident was unintentional, your friend may take legal action against you for reckless driving.
Before we go any further, you should know that basic car insurance policies do not include passenger liability coverage. This is true whether you take out comprehensive insurance, third party insurance , fire and theft, or third party insurance. You must have this additional coverage separately by paying an additional premium.
Legal liability for passenger coverage means limited coverage for you or an authorized driver from any legal liability for death or bodily injury to a passenger due to your or an authorized driver’s negligence.
If you have this additional coverage, your insurance will cover liability to you or an authorized driver to passengers in your vehicle when getting in, out of, or out of your vehicle.
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Based on the situation in the first paragraph, see the examples below to understand how this coverage can benefit you.
Example: Your friend who suffered a serious head injury due to your reckless driving decides to take legal action against you. You are at fault and therefore the passenger must pay the damages. If you have legal responsibility for passenger management, your insurance will cover damages caused by this responsibility. Without this additional coverage, you will have to pay for the damage out of your pocket.
For more information, you can refer to your car insurance policy to find the terms and conditions and discounts of this additional coverage.
However, if you want to drive your own car in Singapore, Singapore law requires you to be legally responsible for passengers.
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In fact, the cost of getting this additional coverage is 25% of what you would pay in premiums for a basic third party insurance policy.
Suppose you were carrying more passengers than the maximum limit at the time of the accident. In such cases, the liability arising from your insurance will be limited to the number of passengers specified for the vehicle registered with the Road Transport Department (JPJ).
Therefore, if you exceed the passenger limit and get into an accident, your insurance may not pay the full claim. Instead, your insurer will divide claims made under the statutory liability for passenger coverage according to the following formula:
What is the difference between Legal Liability for Passengers (LLP) and Legal Liability for Passengers (LLOP)?
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Do not confuse the two additional coverages mentioned above. Below are the differences between the two managements in terms of their meanings, examples and premiums:
This cover protects you or your authorized driver from legal liability to you for the death or bodily injury of a passenger due to your or your authorized driver’s negligence.
The car you are driving will have an accident and injure the passengers. If the passenger can prove that your negligence caused the accident, they can sue you.
This cover protects you from specified risks by paying the cost of losses arising from this liability
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Without turning around, the passenger of your car opened the car door and injured the motorcyclist who was passing your car. You can also sue the driver for property damage and injury to the driver.
Finally, passenger liability coverage protects you or your authorized driver from legal liability brought against you by one of your passengers for injury or death caused by the negligence of your driver or authorized driver. Such liability is limited to the circumstances covered.
Although this cover is not mandatory in Malaysia, you should get this cover if you want to drive in Singapore.
If you want to get legal liability for passenger coverage or additional car insurance protection, renew your insurance and add the required coverage to your policy. Get started by getting a free car insurance quote on the website.
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Being a passenger in a car accident can be very stressful, especially if you are injured. In California, when someone else hurts you, you may have the right to sue the person who caused the accident. Our California car accident attorneys can review your case and help you determine your rights and options.
Injured passengers have the right to compensation for injuries and other damages. However, determining what caused the accident, how to file a claim, or the right insurance company to process your claim can be difficult.
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