What Happens If I’m the Passenger in a Car Accident? Being a passenger in a car accident can be confusing and stressful. You weren’t driving, so you may wonder who’s responsible for your injuries and how to cover your medical bills. If you’re asking, “How long does a police report take?” the answer depends on several factors, including the law enforcement agency handling the case, the complexity of the accident, and local regulations. At Walton Telken, we help injured passengers in Edwardsville, IL, understand their rights and get the compensation they deserve.
Seek Medical Attention
Your health is most important. Though you might be feeling perfect, injuries to things such as whiplash or internal bleeding could take several hours or even days before being symptomatic. The doctor then would ensure that you receive any and all of the necessary treatments to assist with those potentially serious life-changing personal injuries. Insurance companies may deny compensation if you wait too long to seek treatment.
Document the Accident
The more information you gather, the stronger your case. If possible:
- Take photos of the accident scene, vehicle damage, and your injuries.
- Get contact details for all drivers, passengers, and witnesses.
- Request a copy of the police report for official documentation.
A detailed accident record helps prove liability and secures fair compensation.
Notify Your Insurance Company
Even if you are not driving, you will want to notify your insurance carrier. If you have MedPay or uninsured motorist coverage, your policy may pay some of your medical bills. Be careful when speaking with insurance adjusters—only give them the facts and do not make statements that they can use to diminish your claim.
Consider Contacting a Personal Injury Attorney
Most passengers believe that everything will be covered by insurance, but the insurance company first looks out for its interests above all else.
A personal injury attorney can:
- Identify the responsible party and file a claim with the proper insurer.
- Negotiate with insurance companies for full compensation.
- File a lawsuit, if necessary.
An experienced attorney ensures your rights are fully protected.
Legal Considerations for Injured Passengers
In any case, you, as a passenger, deserve compensation for your medical bills and loss. According to The Right Messages, passengers are often eligible to file claims against the at-fault driver’s insurance or pursue compensation through their own coverage if necessary.
The Driver of the Vehicle Is at Fault
If the driver of the car you were in caused the accident, their liability insurance should cover your injuries.
The Other Driver Is at Fault for the Accident
If another driver caused the crash, their insurance policy is responsible for paying your medical expenses and damages.
Both Parties Share Fault (Comparative Fault)
If both drivers contributed to the accident, you may file claims with both insurers, and your compensation will be based on each driver’s percentage of fault.
Statute of Limitations
Passengers generally have two years from the accident date to file a lawsuit. Failing to act within this timeframe may forfeit your right to compensation.
When to Pursue Legal Action as a Passenger
You may need to take legal action if:
- Your injuries are serious and require ongoing treatment.
- The insurance company denies or undervalues your claim.
- The at-fault driver doesn’t have enough coverage.
A lawyer can determine the best course of action for your situation.
Identifying the Driver at Fault for Your Personal Injury Claim
Determining who is responsible is critical for securing compensation. According to the American Judicature Society, fault is determined based on police reports, traffic laws, and witness testimony.
Your Driver
If the driver of your vehicle was negligent, their liability insurance should compensate you.
The Driver of the Other Vehicle
If another driver caused the accident, you can file a claim with their insurer for your injuries and damages.
Both Drivers Share Liability
In accidents involving shared fault, you may be able to file claims against both parties, depending on their degree of responsibility.
Do Passengers Ever Share Liability for an Accident?
Passengers are rarely found responsible for car accidents. However, liability may apply if:
- You distracted the driver or encouraged reckless behavior.
- You interfered with vehicle operation, such as grabbing the steering wheel.
These situations are uncommon, but insurers may try to argue shared liability.
Seeking Legal Representation as a Passenger in a Car Accident
If you were injured as a passenger, a personal injury attorney can help:
- Prove liability and file the right claims.
- Handle negotiations to prevent insurance companies from undervaluing your claim.
- Pursue legal action if necessary.
Need Help? Contact Walton Telken Today
If you’ve been injured as a passenger in a car accident in Edwardsville, IL, Walton Telken can help. Our experienced attorneys will fight for the compensation you deserve. Contact us today for a free consultation.
