Can You Sue if You’re a Passenger in a Car Accident?

Although it may seem obvious to some people, not everybody is clear about their rights as a passenger in a car accident. Our accident lawyers in Charlotte have met with many clients over the years who were not quite sure what their options were.

Anybody Who Is Injured in a Car Crash Has the Right to Sue 

From a legal perspective, anybody who was injured in a car accident has the right to pursue damages. As long as that person was injured, they are eligible to file a claim against the driver’s insurance carrier.

If the insurance company refuses to pay their claim, the injured party can hire an accident lawyer in Charlotte to file a lawsuit on their behalf. Usually, once your Charlotte accident attorney file suit, the defendant’s insurance carrier will be more likely to entertain a settlement.

Your Charlotte Accident Attorney Can Help You File Your Insurance Claim First

Before you sue anybody for damages, you need to file a claim with their insurance carrier. If the person you were with was responsible for the crash, you will need to file a claim with their insurance carrier.

If you believe the other driver was at fault, your accident lawyer in Charlotte can help you file a claim against their insurance company. Ideally, your insurance claim will be paid, and you won’t need to take legal action.

However, it is best to have a Charlotte accident attorney on your side if you decide to file suit.

If Your Claim Is Denied, Then You Would Consider Filing a Lawsuit

As stated above, if your insurance claim is denied, you may need to file a lawsuit. However, before you do that, your accident lawyer in Charlotte will want to find out why your claim was denied.

Once they have this information, your lawyer can reach out to the insurance adjuster and try to negotiate a settlement of your claim. When the insurance adjuster learns that you’re represented by an accident lawyer in Charlotte, they may change their mind about denying your claim.

Your Accident Lawyer in Charlotte May Have to Sue More Than One Party

If you do need to file a lawsuit, it’s important to understand that you may need to sue more than one party. For example, if the other driver caused the crash, you would file a lawsuit against them.

If, however, the person driving the car that you were in caused the crash, your Charlotte accident attorney will need to file a lawsuit against them. The ultimate goal is to get you the compensation you deserve for your injuries.

Since more than 95% of all car accident lawsuits are settled, there is very little chance that your friend will be impacted financially.

EMTs treating an injured passenger in a car accident

You Will More Than Likely Have to Sue the Other Driver

Most of the time, a passenger in a motor vehicle accident knows which driver caused the crash. Unless you were in the back seat of the car at the time of the accident, you probably had a chance to see what happened.

There are times, however, when neither you nor your driver realizes what happened. The other car may have hit you head-on. Or they may have T-boned you in the middle of an intersection.

In a case like this, your Charlotte accident attorney will have to weigh the evidence to make this determination.

There’s a Chance Your Charlotte Accident Attorney Will Need to Sue Your Friend

If you are worried about your lawyer suing a friend or family member, there’s one thing you need to remember. Their insurance carrier is legally required to represent them in the lawsuit.

Furthermore, whatever damages you are awarded will need to be paid by the insurance company – not your friend. The only time your friend or family member would be impacted financially is if their policy didn’t cover all your damages.

What Kind of Damages Will Your Accident Lawyer in Charlotte Demand?

If you’re seriously injured in the crash, your accident lawyer in Charlotte will demand a significant amount in damages. It all depends on the nature and extent of your injuries.

Some of the damages our Charlotte accident attorneys typically demand in a car accident case include the following.

Medical Bills

You can demand both past and future medical bills. All the bills you incurred as a result of the accident should be covered. This includes hospital bills, prescription medications, and other medical equipment. In addition, your future medical care will be covered. Your attorney will demand compensation for any treatment you’ll need going forward.

Lost Wages and Lost Future Income

If you miss more than a week from work, you may be entitled to damages for lost wages.

If you can no longer do the same kind of work you did prior to the crash, you can demand lost future income. This will be the difference between what you would’ve earned prior to the accident and what you’ll now earn.

Pain and Suffering

These damages are meant to compensate you for any physical or mental anguish you experience.

Reach Out to a Charlotte Accident Attorney Today!

If you were the passenger in a car accident and suffered injuries, you may have a claim for damages. The best way to know for sure is to reach out to a Charlotte accident attorney right away. Your attorney will review the facts of the case and help determine whether you should pursue legal action.

One thing that our Charlotte accident attorneys have encountered in the past is clients who are reluctant to file a claim against the person driving the car they were in. This is usually a friend or family member.

The important thing to remember is that your accident lawyer in Charlotte will more than likely settle the matter long before trial. Furthermore, your friend’s or family member’s insurance carrier will likely cover any damages you receive.

We recommend that you contact our office as soon as possible after the crash. Schedule your free, initial consultation over the phone or through our website.