Insight

What Happens to a Passenger Injured in a Car Accident

In this situation, you may seek compensation from one or more drivers involved in causing the collision.

Charles V. Vaughan, Jr.

Charles V. Vaughan, Jr.

January 6, 2024 11:46 AM

An Indiana car accident lawyer from Vaughan & Vaughan can review your situation and help you learn more about your legal options in this situation. You can contact us for advice and guidance when you call or fill out our online contact form.

What Can You Expect As A Passenger In A Car Accident?

Many passengers never consider the risk of an accident when traveling with a driver. In the event of an accident, you can expect to wait with the vehicle for police officers to arrive, assess the scene, and file an accident report.

You may require medical care for any injuries you sustained in the car accident. We recommend seeking treatment quickly to show that the collision caused your injuries and give yourself the best chance to recover.

You can also expect insurance agents for one – or more – of the drivers involved in the accident to reach out to you. Generally, we recommend speaking with a personal injury lawyer before talking to insurance representatives, as they can try to minimize your compensation.

Can You Get Compensation As A Passenger In A Car Wreck?

Passengers injured in car accidents may secure funds to cover their losses. Depending on your situation, you may receive damages to address your:

Medical Expenses In Indiana

Passengers in the front or back seat can sustain serious injuries, including concussions, broken bones, whiplash, and paralysis.

An Indiana passenger accident lawyer may help you secure damages for all reasonable and necessary medical costs directly related to treating and rehabilitating your accident injuries, including:

  • Hospital bills
  • Doctor visits
  • Prescriptions
  • Physical therapy

Documentation like receipts and medical records is key to ensuring you secure fair compensation for these losses.

Lost Wages Due To Your Injuries

If the accident caused you to miss time from work, you may be entitled to wages for that time period, supported by documentation from your employer. These losses can include lost income during initial recovery and long-term workplace limitations due to injuries.

Pain And Suffering In Indiana

Courts may award you monetary compensation for physical and mental pain, inconvenience, suffering, and loss of enjoyment of life caused by your injuries. Your lawyer can focus on your emotional anguish and other results of an accident.

How Do You Get Compensation As A Car Accident Passenger?

The key to obtaining appropriate compensation is filing an insurance claim after a collision. However, many passengers feel unsure about where to file such a claim. A car accident lawyer can help you identify the at-fault party so you can proceed with your claim.

Depending on your situation, you may file a claim with the insurance company representing the driver of your vehicle. However, you may also seek compensation from another driver if they caused the collision.

Car accident lawyers often negotiate settlements with insurance representatives after a collision, allowing you to secure funds for your losses.

Can You File A Lawsuit As A Passenger In A Car Accident?

Sometimes, insurance companies deny car accident claims or try to downplay the severity of your losses. They may refuse to offer you a fair settlement, even after a period of negotiations with your car accident attorney.

In this situation, your lawyer may file a car accident lawsuit on your behalf. However, generally, law firms resolve claims for clients with a settlement.

Are There Times You Can’t File A Car Accident Claim As A Passenger?

Indiana allows passengers to file claims for compensation in many situations. However, the Guest Statute may prevent you from filing a claim against your:

  • Spouse
  • Parent
  • Child
  • Sibling

Additionally, you may not have a chance to file a claim against a driver who picked you up while you were hitchhiking. However, the state may waive this statute if the accident occurred due to willful misconduct by a driver.

Furthermore, the state may disallow a claim based on contributory fault if a passenger caused an accident. Passengers may cause collisions if they:

  • Press on the accelerator or grab the wheel of a vehicle
  • Harm or physically obstruct the driver
  • Distract or cover the eyes of the driver
  • Allow a fatigued or impaired driver to operate a vehicle

You can work with a lawyer if the drivers involved in the collision attempt to blame you for the wreck and their losses.

How Long Do You Have For A Legal Claim As A Car Wreck Passenger?

You generally have a limited amount of time to file a personal injury claim after a car accident in Indiana. You must move forward with your legal case before the statute of limitations expires to avoid having the court dismiss your claim.

Your attorney can review your situation and provide you with specific information about your deadline.

What Do Lawyers Charge For Passengers In Car Accidents?

Generally, lawyers handle car accident claims on a contingency basis, even for passengers injured in these wrecks. Therefore, the law firm receives a percentage of your final financial award after resolving your claim through a settlement or court trial.

Speak To Our Team If You Got Hurt In A Wreck As A Passenger

What happens if you are a passenger who gets injured in a car accident in Indiana? In this situation, you may receive funds to cover your losses from one – or more – of the drivers involved in the collision.

Find out more by contacting our team at Vaughan & Vaughan. You can call or fill out our online contact form.

Trending Articles

Presenting The Best Lawyers in Australia™ 2025


by Best Lawyers

Best Lawyers is proud to present The Best Lawyers in Australia for 2025, marking the 17th consecutive year of Best Lawyers awards in Australia.

Australia flag over outline of country

Best Lawyers Expands 2024 Brazilian Awards


by Best Lawyers

Best Lawyers is honored to announce the 14th edition of The Best Lawyers in Brazil™ and the first edition of Best Lawyers: Ones to Watch in Brazil™.

Image of Brazil city and water from sky

The Best Lawyers in Mexico Celebrates a Milestone Year


by Best Lawyers

Best Lawyers is excited to announce the 15th edition of The Best Lawyers in Mexico™ and the second edition of Best Lawyers: Ones to Watch in Mexico™ for 2024.

Sky view of Mexico city scape

How Palworld Is Testing the Limits of Nintendo’s Legal Power


by Gregory Sirico

Many are calling the new game Palworld “Pokémon GO with guns,” noting the games striking similarities. Experts speculate how Nintendo could take legal action.

Animated figures with guns stand on top of creatures

How To Find A Pro Bono Lawyer


by Best Lawyers

Best Lawyers dives into the vital role pro bono lawyers play in ensuring access to justice for all and the transformative impact they have on communities.

Hands joined around a table with phone, paper, pen and glasses

Announcing The Best Lawyers in New Zealand™ 2025 Awards


by Best Lawyers

Best Lawyers is announcing the 16th edition of The Best Lawyers in New Zealand for 2025, including individual Best Lawyers and "Lawyer of the Year" awards.

New Zealand flag over image of country outline

Presenting the 2024 Best Lawyers Family Law Legal Guide


by Best Lawyers

The 2024 Best Lawyers Family Law Legal Guide is now live and includes recognitions for all Best Lawyers family law awards. Read below and explore the legal guide.

Man entering home and hugging two children in doorway

Announcing The Best Lawyers in Japan™ 2025


by Best Lawyers

For a milestone 15th edition, Best Lawyers is proud to announce The Best Lawyers in Japan.

Japan flag over outline of country

The Best Lawyers in Singapore™ 2025 Edition


by Best Lawyers

For 2025, Best Lawyers presents the most esteemed awards for lawyers and law firms in Singapore.

Singapore flag over outline of country

Canada Makes First Foray Into AI Regulation


by Sara Collin

As Artificial Intelligence continues to rise in use and popularity, many countries are working to ensure proper regulation. Canada has just made its first foray into AI regulation.

People standing in front of large, green pixelated image of buildings

Commingling Assets


by Tamires M. Oliveira

Commingling alone does not automatically turn an otherwise immune asset into an asset subject to marital distribution as explained by one family law lawyer.

Toy house and figure of married couple standing on stacks of coins

How Much Is a Lawyer Consultation Fee?


by Best Lawyers

Best Lawyers breaks down the key differences between consultation and retainer fees when hiring an attorney, a crucial first step in the legal process.

Client consulting with lawyer wearing a suit

The Hague Convention and International Custody Battles


by Alexandra Goldstein

One family law lawyer explains how Joe Jonas and Sophie Turner’s celebrity divorce brings The Hague Convention treaty and international child custody battles into the spotlight.

Man and woman celebrities wearing black and standing for photo

Presenting the 2024 Best Lawyers Employment and Workers’ Compensation Legal Guide


by Best Lawyers

The 2024 Best Lawyers Employment and Workers' Compensation Legal Guide provides exclusive access to all Best Lawyers awards in related practice areas. Read below and explore the legal guide.

Illustration of several men and women in shades of orange and teal

New York Passes 9/11 Notice Act


by Gregory Sirico

Best Lawyers highlights the newly enacted 9/11 Notice Act, which seeks to find individuals eligible for medical care coverage under different federal programs.

Firefighter stands with their back turned with flames in the background

Filing For Divorce in North Carolina


by Melody J. King

Family law lawyer Melody King answers some of the most important questions individuals may have about filing for divorce in North Carolina.

Illustration of man and woman on paper that has been torn apart