If you are injured as a passenger during an automobile accident in Texas, you might be able to collect compensation through filing an insurance claim or a personal injury lawsuit. The circumstances of your accident, the insurance held by the vehicles’ drivers, and your own insurance coverage will determine your options. Depending on the particular circumstances of the accident, as a passenger you can potentially recover compensation from:
- The driver of the other vehicle, if they caused the crash, and that driver’s insurance company;
- The driver of the vehicle in which you were a passenger, if they caused the crash, and that driver’s insurance company;
- Both drivers and their insurance companies if they share fault in causing the crash; and/or
- Your own uninsured or underinsured motorist coverage if the at-fault driver does not have adequate liability insurance.
Because of the potentially complicated nature of your personal injury claim, you should seek advice from a qualified lawyer.
Determining Fault
Texas follows a comparative fault system. This means that the relative fault for the accident directly impacts the amount of damages allowed. Under state law, a driver who contributed to causing the accident, or shared in fault, cannot recover the entire value of their losses, either through an insurance claim or lawsuit. Any payout is reduced according to their percentage of blame. If they are determined to have been more than 50 percent at the fault, they cannot recover any compensation from the other driver.
As a passenger, you most likely did not contribute to the crash. Therefore, you can recover 100 percent of the value of your damages.
All Texas car accident claims rely on proving negligence. You (or your attorney, if you have representation) need to show that the at-fault driver acted negligently when causing the crash. Negligence can be proven by demonstrating the following:
- The driver had an obligation to drive reasonably and to follow traffic rules;
- The driver did not follow these rules and drove carelessly;
- This directly caused the accident in which you were injured; and,
- You suffered financially because of the accident.
Third-Party Liability Claims
When someone makes a claim against another person’s insurance policy, this is referred to as a “third-party liability claim.” Note that if you are related to the driver or live with the driver, then you likely cannot file a third-party claim, since you will probably be covered under their insurance policy.
When You’re a Passenger in a Car at Fault
You can file a third-party liability claim with the insurance company of the car’s driver, if the driver caused the accident and you were injured. For example, if the car you were riding in rear-ended another car in traffic, then it almost certainly will be considered at fault.
When You’re a Passenger and the Other Car Was at Fault
You can file a third-party liability claim with the insurance company of the other car’s driver, if the driver caused the accident and you were injured. For example, if the car you were riding in was hit from behind by another vehicle, then that driver almost certainly will be considered at fault.
When Both Vehicles Were at Fault
If both drivers contributed to the accident, then you can file a third-party liability claim with both drivers’ insurance companies. If one of the insurance companies covers your claim entirely and you are compensated in full, though, you cannot also receive payment from the other company.
Using Your Auto Insurance
Sometimes, drivers do not have insurance coverage or their liability limits are too low to cover all expenses.
Uninsured Motorists
If the driver at fault does not have auto insurance or does not have enough coverage to pay all the claims, then you can file a claim with your own auto insurance company under the uninsured/underinsured motorist coverage. This coverage applies whenever you are involved in an accident with an uninsured motorist, even if you are a passenger in another person’s car.
Personal Injury Protection
If you have your own auto insurance policy, while waiting for a claim to be settled you might be able to make a claim under personal injury protection. The limit typically is low and might not cover all your medical expenses, but because they do not depend on establishing liability you can receive them while the accident liability still is being determined.
Possible Damages You Can Recover
Possible damages you can recover to compensate you for the injuries you suffered could include the following costs:
- Medical bills
- Ongoing care
- Property damage, such as replacement of a phone broken in the collision
- Lost wages, if you could not work as a result of your injuries
- Pain and suffering
Contacting an Attorney
To navigate the complexities of your personal injury claim and to help you recover the damages you are due as a result of being a passenger in a collision, consult with an experienced attorney. The lawyers at Bennett Injury Law can answer your questions. Call (972) 972-4969 to speak to someone about your case today.
