Do I Have a Claim If I Am Injured as a Passenger in a Car?

A recent car accident in Clarksville left four people hospitalized. The driver, who had a suspended license at the time of the accident, ran off the road and slammed the car into a retaining wall, causing so much damage to the vehicle that the fire department had to extricate one of the victims. The driver has had past trouble with the law, including arrests for driving on a suspended license and possession of drug paraphernalia.

What Do You Do If You Suffer Injury as a Passenger in a Car Accident?

Fortunately for passengers, it is often much easier to prove liability for car accident injuries. The passenger does not have to worry about whether he or she is partially or fully at fault – fault is almost always with a driver.

Determining liability depends on how many drivers the accident involves. If it is a one-car accident, as in the situation above, then the driver will almost always be liable in some way (barring freak circumstances, such as a deer jumping in front of the vehicle and causing an accident). If it is a two-vehicle accident or more, the party files a claim against both drivers unless it is obvious that one party was not negligent (a rear-end car accident, for example).

One potential problem with passenger injury cases arises during crashes with multiple passengers, as in the case above. Let’s say three injured passengers file a claim against a negligent driver. If those claims total up higher than the driver’s insurance policy covers, then each injured party will not be able to receive the money they need to recover. The insurance company may refuse to settle with any of the parties if there is disagreement about how much each person should get. In that situation, you would need a lawsuit to settle the issue.

John 14:27, “Peace I leave with you; my peace I give you. I do not give to you as the world gives. Do not let your hearts be troubled and do not be afraid.”


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