Passengers have no control when they’re traveling in a motor vehicle, but they are in just as much danger if the car gets into a crash. In some cases, such as a T-bone crash where the other vehicle strikes the passenger-side door, the passenger may suffer much more severe injuries than either driver.
In most car accidents, one driver is primarily at fault for the crash. Sometimes, both drivers may be at fault. For instance, if the driver of one car is speeding but the other driver is running a red light, then both drivers are at fault for any resulting accident. Injured passengers may have the right to file a personal injury claim against both drivers. A personal injury attorney experienced with passenger accident claims can help.
Passenger Rights After a Car Accident
Passenger rights after a car accident in South Carolina include:
- The right to file a personal injury claim against the at-fault driver’s insurance company
- The right to file a lawsuit if the insurance company won’t settle
Passenger’s rights after a car accident are the same as the driver’s rights. That includes the right to collect compensation, including medical expenses, lost wages, and pain and suffering.
Medical treatment after a car crash is often expensive, but you can seek compensation for all of it. Medical expenses coverage for passengers includes the cost of medical bills, medication, nursing care, and physical or occupational therapy.
Compensation for lost wages after a car accident includes the wages you would have earned if you’d been able to work and other forms of lost income, such as lost earning capacity.
Pain and suffering damages for passengers can compensate you for the physical pain of your injuries. You can also collect damages for emotional distress. If the driver’s actions were especially egregious, you may also be able to collect punitive damages.
The legal rights of passengers in rideshare accidents are the same, allowing you to file a claim against the rideshare company’s insurance policy. You generally cannot file against the rideshare company itself, but companies like Uber and Lyft maintain policies for their drivers.
Who Is Liable for Passenger Injuries in a Car Accident?
When a driver is injured in a car accident, they may file a personal injury claim alleging that the other driver was negligent. Negligence in auto accidents is the primary factor determining who must pay damages. Neither driver wants to be found liable for damages, so each driver will claim that the other driver was at fault if they can support the claim.
In most cases, an injured passenger is not at fault for the crash. This means that either driver may be at fault for the passenger’s injuries, so either driver may be liable.
Comparative Fault and Passenger Rights
In some cases, more than one driver may share liability for the passenger’s injuries. Liability in multi-vehicle crashes is based on a concept called comparative negligence. The court will assign fault to each driver based on their level of negligence in the accident, and each driver will be liable based on their percentage of fault. Filing a claim against multiple drivers is the best way to collect full compensation for your damages when more than one driver is at fault.
Uninsured Motorist Coverage for Passengers
You can also collect compensation from your own insurance carrier if one of the at-fault drivers has no insurance or doesn’t have enough coverage to pay your claim. South Carolina requires all drivers to carry uninsured motorist coverage of $25,000 per person or $50,000 per accident.
If you have a car, you should also have uninsured motorist coverage. As an injured passenger in someone else’s car, you can file a claim against your uninsured motorist coverage if necessary. You may also have underinsured motorist coverage, which can provide additional compensation if an at-fault driver doesn’t have enough insurance coverage to fully compensate you.
No-fault Insurance and Passenger Claims
In states with no-fault car accident laws, the driver’s own insurance will cover their claim after an accident, regardless of who caused the crash. South Carolina is an at-fault state, so the driver responsible for the accident is liable, and no-fault insurance is not generally an option.
However, some insurers do offer a limited Personal injury Protection plan called MedPay in South Carolina, which will pay between $1,000 and $5,000 to settle driver or passenger injury claims without assessing fault. If the driver of the car you were in has MedPay, you may receive some compensation through this plan.
Settlement Negotiation for Injured Passengers
Third-party insurance claims are claims made by someone other than the policyholder. When you file a claim against one of the drivers in the accident, you’ll be demanding compensation through a third-party claim.
If you make this demand without the help of an attorney, the insurance company will most likely either deny the claim or make the lowest offer they think they can get away with. If you have the help of a skilled South Carolina accident attorney, the insurance carrier will know they must take your claim seriously. Your lawyer will then be in a strong position to negotiate a fair settlement.
Settlement negotiation for injured passengers depends on evidence and leverage. By gathering evidence to prove the driver’s fault, your lawyer will gain the leverage needed to obtain a full settlement from the insurance company.
Contact a South Carolina Passenger Accident Lawyer Today
Murphy Crantford Meehan is a car accident law firm serving Charleston, South Carolina. Our mission is to help injured people find a path forward after an accident. We’ve represented injured drivers and passengers in many negligence cases, and we know how to stand up to the big insurance companies and compel them to pay fair compensation for their client’s negligence. We represent all clients on a contingency basis, so you won’t have to pay us anything unless we succeed in recovering compensation in your case. If you were injured as a passenger in a South Carolina car accident, the best choice you can make is to call Murphy Crantford Meehan immediately.
