Can a passenger in a car accident file a claim for their injuries? The simple answer is Yes! Unless you’re on your way to work or school, there’s a good chance you have a passenger in your car. Most of us like to go places with other people. This means that, if someone gets into a car accident in Atlanta, there are probably other people in the car at the time of a crash. It’s not always the driver of a car who gets hurt in a motor vehicle accident. In fact, depending on the type of accident, it’s the person in the passenger seat or the back of the car who suffers the worst injuries.
For a passenger in a car accident, it can be hard to understand what to do after the crash. The driver is the one who exchanges insurance and license information with the other driver. The police don’t always talk to the passenger other than to ask if they’re okay. They may also get a statement of what happened from the passenger. But, for the most part, the police deal primarily with the drivers. This means that, when it comes time for you to sue for damages, your Atlanta car accident attorney may need to jump through hoops to get the information they need to prove your case.
This doesn’t mean that a passenger in a car accident in Atlanta doesn’t have a right to sue for damages. It just means that their case will be handled a bit differently than it would be had they been the driver. Here, we’ll talk about a few of the things that can make it a bit trickier for you to file your Georgia car accident lawsuit.
Can a Passenger in a Car Accident Can File a Lawsuit Against the Driver Of the Automobile They are in?
If the driver of the car you were in caused the accident, you’re going to have to pursue their insurance company for damages. Your car accident attorney in Atlanta will do their best to negotiate a settlement with the insurance company. If this isn’t possible, they’ll have no choice but to file a lawsuit on your behalf. This suit will name both the driver and the insurance company as defendants.
If their policy isn’t large enough to cover all of your damages, you’ll have to sue them personally for damages. The good news is that more than 90% of all car accident lawsuits in Georgia settle out of court. This means you probably won’t have to actually go after your friend or family member.
Do Not Use the Same Lawyer as the Driver
Odds are, if you’re a passenger in a car accident, the driver isn’t a stranger. They are either your friend or family. Or, they could be a coworker that drives you to work. This means that there’s a chance you may have to file suit against your friend, family member or coworker.
Just because you’re filing a car accident lawsuit doesn’t mean that you’re suing the other driver. If your friend was at fault, it’s their insurance company who will be footing the bill. And, if their insurance policy doesn’t cover all of your damages, you may need to file suit directly against the person driving the vehicle.
This is why it’s a good idea to use a different lawyer than the driver. You don’t want to run into an issue where there’s a conflict of interest. For example, let’s consider a case where the person driving the car you were in thinks the other driver was at fault. The police report indicates that the other driver was actually less at fault than your friend. If your friend hires a Atlanta car accident lawyer, they’re going to have your friend’s best interests at heart. It’s not possible for them to represent both of you, especially if you think your friend was responsible for the crash.
Contact a Seasoned Car Accident Lawyer in Atlanta Right Away
If you are injured as a passenger in a car accident, you need to talk to a skilled Georgia car accident lawyer. They’ll work hard to get you compensation for your injuries. Ideally, they’ll be able to negotiate a settlement with the insurance company. If this isn’t possible, they’ll recommend that you file suit. Contact us as soon as possible after your crash and schedule your free initial consultation. And remember – you don’t pay anything until your case is resolved.
