Picture this: you’re enjoying a nice ride with your friend or family member, when suddenly your world is turned upside down by a car accident. Your injuries are severe, and you’re left wondering what your legal options are as a passenger in a car accident. Can you sue the driver of the car? As it turns out, there’s no simple answer to this question. In this blog post, an Morrow car accident lawyer will explain the ins and outs of this particular type of car accident claim.
Despite the fact that this appears a clear-cut case, nobody automatically has the right to collect compensation. Yes, not even a passenger in a car accident can just walk in the insurance company office and walk out with the money. Actually, without an experienced Morrow car accident lawyer, there may be no money at all on the table.
Insurance Companies Will Try to Deny Your Claim If You Don’t Have a Lawyer
If you’re injured as a passenger in a car accident in Georgia, you may be wondering if you can sue. The answer is yes, but it’s important to understand that insurance companies will likely try to deny your claim if you don’t have a lawyer.
There are a few things to keep in mind if you’re considering suing as a passenger in a car accident. First, it’s important to understand that Georgia is an at-fault state when it comes to car accidents. This means that the driver who is found to be at fault for the accident will be responsible for any damages.
Second, passengers can sue both the driver at fault and the owner of the vehicle for damages. This is because passengers are considered third-party claimants in car accidents.
Third, insurance companies will often try to deny claims from passengers who don’t have a lawyer. This is because they know that passengers often don’t have the same level of knowledge about their rights as drivers do. It’s important to get legal help if you’re considering suing as a passenger in a car accident so that you can make sure your rights are protected and you have the best chance of getting the compensation you deserve.
Your Lawyer Must Prove that You Were Injured in the Car Accident
With these ideas in mind, let us proceed to explain why you need an experienced Morrow car accident lawyer. In order to sue, your lawyer must prove that the driver of the other car was at fault for the accident and that you were injured as a result of the accident. If the driver of the other car was not at fault, then you cannot sue.
A lawyer will seek and rely on various pieces of evidence to prove that you have a valid claim. These include:
- The police report prepared at the accident scene
- Photos and videos, which you should take with your phone to document the accident and your injuries
- Eyewitnesses’ statements
- The medical reports indicating the nature and extent of your injuries
- CCTV or traffic camera footage.
A Passenger in Car Accident May Have to Sue the Friend Driving the Vehicle
If you are a passenger in a car accident in Georgia, you may have to sue the friend driving the vehicle if you were injured. This situation occurs when the investigation finds that the driver in whose car you were riding was at fault for the accident.
In this situation, one complication may occur. Your friend’s insurer may claim that you were not wearing a seatbelt at the time of the accident. Thus, you are responsible for your injuries. However, even if you are found partly at fault, you still have the right to seek compensation.
Also, you should not worry about the fact that you have to file a claim against a friend or family member. Their auto insurance policy will cover most if not all of your damages. Thus, your friend will not have to pay anything out of pocket in most of the cases.
In Most of the Cases the Insurance Company Will Pay the Damages
In most of the cases, insurance companies will pay for the damages caused by their policyholders. But they will not do so without trying to deny or reduce the value of your claim. Even if you are a non-active party as a passenger in car accident, insurers will try to find reasons to devalue your claim.
However, an experienced Morrow car accident lawyer will set the matters straight and demonstrate your right to receive compensation, using evidence and legal arguments. On your own, you would not be able to defend your rights efficiently. Even if you have the patience to learn the laws in Georgia, you are injured, in hospital and unable to focus on legal matters.
Your Lawyer May Have to Sue the Driver if the Insurance Denies the Claim
In some cases, the insurance company refuses to settle. They believe that you will just give up any further attempts to recover damages. But an astute Morrow car accident lawyer will not let the matter rest. They will inform the insurance adjuster that you are ready to file a lawsuit.
In many cases, simply communicating the intention will determine the insurer to settle your claim. Otherwise, as an injured passenger in car accident, you will have to file suit against your friend.
Once again, you must remember that the insurance company is obliged to defend them. Thus, the litigation will be conducted with the insurer and their lawyer, not directly with the driver.
Let an Experienced Morrow Car Accident Lawyer Handle your Claim
As a passenger in a car accident, you feel the injustice of the situation more strongly than any other party involved in the crash. You were just sitting in the car, doing absolutely nothing wrong. Yet, you are now injured and have to deal with mounting medical care bills, lost wages, pain and suffering.
This is where an experienced Morrow car accident lawyer can help. We will review the facts of your case and let you know whether or not you have a claim against the at-fault driver. If you do have a claim, your lawyer will help you recover your economic and non-economic damages.
Remember that you have to act within the same statute of limitations of two years after the date of the accident as an injured driver. This is why you should contact the Wade Law Office as soon as possible after your accident. We offer you a free case review, so you have nothing to lose. Call us: 770-282-1188
