Two cars on the street involved in a serious car accident

What To Do as an Injured Passenger

Landry Law, P.C. May 19, 2022

As the passenger in a car crash, you have minimal to no control over the car crash. Your responsibilities aren’t the same. If you’ve been injured, know that you aren’t left without options. You have the right to file a claim the same way that a driver can to the responsible parties. 

At Landry Law, P.C., we diligently work to advise, educate, and guide you after an accident, so reach out to us today. We fight to protect you and your rights; we strive to get you the compensation you deserve; and we help to bring you peace of mind. We proudly represent clients in Colorado, including Lone Tree, Trinidad, Denver, and the Douglas & Las Animas counties. 

Fault Determination

The person responsible for reimbursing a passenger for injuries and property damage from a car accident depends on who caused the crash. For instance, if the other driver is at fault, his or her insurance should pay — assuming they have the right coverage. The same is true if the driver of your car is at fault. Like any car accident, the fault is determined based on information in the police report. If a law enforcement officer was called to the scene of the accident, he or she will likely complete a report on the accident. The report may include information about whether the other driver was given a citation or which party the officer believes to be at fault. This helps the responsible individuals determine fault. 

Filing a Claim

Once fault is determined, the next step in the process is filing an insurance claim. Depending on which party is at fault, you may have multiple claims to file. You have three main options for filing claims: against an opposing driver, against the driver of the car you were in, and with your own insurance. 

A Driver

If the opposing driver or the driver you were with was at fault in the accident, filing a claim to the other driver’s insurance is one of the first things you should do after talking to a car accident attorney. You may confront some issues, however: your injuries have to meet certain statutes and the driver may not have enough insurance. These issues can cause you to be denied, so it’s important to ask an experienced attorney about what’s the best choice for you.

Your Insurance

If you already have personal injury protection with your insurance provider, your insurance can help you pay for the medical bills that have come your way. You should use this only as a last resort because if you make a claim with your own insurance, your yearly, biannual, or monthly rate rates may increase. 

Passenger Liability

Colorado is a modified comparative negligence state. This means that multiple parties can share responsibility for an accident. If any one party is found to be more than 50% responsible, then that party is not allowed to file a claim or receive compensation. So long as you are less than 50% responsible for the accident, you can legally file a claim. As a passenger, it is very unlikely that you will be in any way at fault for accidents. 

How We Can Help

At Landry Law, P.C., we strive to get the knowledge needed to help you get the best out of your claim. Liability, coverage, medical expenses, and other damages (including emotional) are points we focus on. Our attorneys work with experience, knowledge, and care for you. It’s also worth noting that, given the nature of being injured as a passenger, the person driving the car you were riding in will likely also need representation. In those instances, we cannot represent both you and the driver, as it represents a conflict of interest. 

Contact an Experienced Lone Tree Car Accident Attorney

Being in a car accident will dramatically change your life, especially if you were just a passenger. Our firm will review the details of your accident and help you determine what steps to take next. Visit our website for more information, or call us today if you have been involved in an accident in the Lone Tree, Colorado, area, including Trinidad, Denver, Douglas County, Castle Pines, and Castle Roc