Injured passengers in a car accident may be unsure of what to do or if it's possible to seek compensation for their treatment. Because passengers are rarely at fault in an accident, they usually have the right to pursue damages against the drivers responsible.
Knowing what to do if you are a passenger in a car accident is critical to protecting your health and preserving evidence. Virginia is an at-fault insurance state, so the evidence you collect may determine if the policy for one or both drivers pays your medical bills.
Cooper Hurley Injury Lawyers has been assisting people hurt through no fault of their own since 2011. Our attorneys have over 120 years of combined legal experience and a successful record of collecting millions of dollars for car accident victims.
Immediate Steps for Passengers to Take After a Car Accident
If you are a passenger in a car crash, remember these steps to protect yourself and provide evidence for an insurance claim or lawsuit:
1. Prioritize Your Health (Even if You Feel Okay)
If a first responder suggests emergency care, take that advice. Even if you do not notice any obvious injuries, seek medical care immediately after an accident. Some injuries are not immediately apparent. Injuries such as concussions, whiplash, fractures and internal bleeding may have delayed onset symptoms. See a doctor immediately after a crash so they can rule out potentially serious harm.
Meanwhile, prompt medical attention can protect your rights to compensation, and not seeking emergency care can be used as evidence that your injuries were not serious.
Seeing a doctor produces consistent documentation of your injuries, strengthening insurance claims. If you delay or do not adhere to treatment, an insurance company may argue that they don't have to cover your medical expenses.
2. Gather Evidence
Since you were not driving, your observations might be seen as more neutral than those of other parties. Take photos, collect witness information and give your information to the police to include in their report. Do not engage in conversation with or approach people who seem angry.
Document everything, even if the drivers blame each other. Do not try to only support the position of a friend or family member who was driving. This can undermine any legitimate evidence you collect.
3. Notify Your Insurance Company
Make your insurance company aware of the accident and your injuries. The insurance company for the party responsible for the crash generally pays your medical bills, but you might need to turn to your policy for coverage even if you were not in your own car.
If neither driver has insurance, your uninsured motorist protection may cover you. If the responsible driver's insurance does not pay all of your bills, your underinsured motorist coverage may pay additional costs. Our experienced car accident lawyers can review your policy and other compensation options to advise you of the best path to collecting damages.
When Should a Passenger Contact a Lawyer?
Some car accident cases are straightforward, but others devolve into finger-pointing and competing accident reconstruction conclusions. It’s always in your best interests to seek legal representation after any accident. However, watch for the following warning signs to know you definitely should consult an attorney:
- The insurance company is downplaying your injuries or delaying your claim.
- Both drivers’ insurers argue about fault, delaying your claim.
- The at-fault driver is uninsured or underinsured.
- Your medical bills are mounting, and settlement offers are too low.
- The insurance company is pressuring you to accept contributory fault for distracting the driver or another action, which is rare but may happen in disputed cases.
One of the dirty tricks insurance companies use is delaying a claim so you will drop it or accept a low settlement. A company may also delay in the hopes you miss Virginia's two-year personal injury statute of limitations to file a formal lawsuit. Speak with an experienced car accident lawyer as soon as possible to ensure you don’t run out of time.
Contact Our Experienced Car Accident Team at Cooper Hurley Injury Lawyers
Passengers injured in Virginia car accidents often assume they don’t need a lawyer. However, experienced legal guidance may significantly increase settlement amounts. Protect your rights and pursue fair compensation by partnering with the car crash experts at Cooper Hurley Injury Lawyers. Injury law is all we do, and we wrote the book on car crashes in Virginia.
Get your free case evaluation now by calling (757) 333-3333 or completing our online contact form.
