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Can a Passenger File a Claim After a Car Accident?

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Our firm can answer questions about your rights and the ability to file a personal injury claim during a free consultation. Contact our law firm to discuss your legal options with our Nashville personal injury attorney and his team.


Passengers injured in car accidents can file a personal injury claim. In general, passengers have an easier time filing these cases because they won’t have a tough time proving driver liability. In two-car or one-car accidents, a driver in almost all cases will be found liable for causing the accident. However, the process of filing a claim is a little different for passengers than drivers.

When a passenger files a claim after being in a two-car accident, they should be filing a claim against both drivers involved in the crash. As such, passengers are advised to collect insurance and contact information from both drivers. Under Tennessee law, passengers can file claims:

  • If the driver’s negligence (such as distracted driving) caused the accident
  • If the other driver is responsible for injuries caused to the passenger
  • If both drivers are found liable for the accident. For example, if a faulty brake light on one vehicle caused the second vehicle to crash into it, causing injury.

Passengers can also file claims against construction companies who did not mark, rope off, or place proper warning signs around the work site. If neglecting these safety measures causes an accident, passengers can file a claim but are advised to seek the aid of an experienced attorney due to how complicated these types of cases can become. Multiple passengers can also file claims when involved in an accident. However, if the multiple number of claims exceed the amount the liable driver’s insurance can pay, passengers will have to agree and split the total amount they could receive amongst themselves. When filing multiple claims due to multiple passenger injuries, coverage could be less than what the injured party was expecting. If compromise cannot be reached between the injured parties regarding how the money will be split, insurance companies will usually refuse to settle with any of them.

If you’ve been injured in a car accident, contact the Law Office of Stanley A. Davis today. We are happy to give you compassionate advice about your accident claim in an initial case review, free of charge.

1 Thessalonians 2, “… Encouraging, comforting and urging you to live lives worthy of God, who calls you into his kingdom and glory.”

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