Can You Take Legal Action as a Passenger?

Insurance companies offer plenty of advice to drivers after car accidents but often neglect to tell passengers what they should do in these situations. As an injured passenger, you may not understand the legal actions available to you. You do know, however, that you did not cause or contribute to the crash and should therefore be eligible for compensation through someone else’s insurance company. Find out if and when you can take legal action after a car accident as a passenger in Texas, as well as when you should hire an attorney.

Texas is a fault-based car accident state. Under these types of insurance laws, the at-fault party in a collision will be financially responsible for damages the crash caused. Parties not at fault for the crash will not have to pay for their losses or seek compensation from their insurers. Instead, they will file claims with the at-fault party’s insurance provider. As a vehicle passenger, the odds are high that you were not the at-fault party in the accident. You will therefore need to identify the at-fault party before you can file a claim in Texas.

Call the police from the scene of the auto accident to help identify the party that caused the wreck. The police can investigate the incident and make an official record of who they believe is at fault based on the facts present. If you disagree with the police officer’s conclusion, you may also hire an attorney to look into the accident for you. A law firm can hire investigators to help you answer questions as to fault and liability. Only once you identify fault may you proceed with an insurance claim.

The liable party, or the person legally responsible for paying your bills, will be the person or entity most at fault for causing the car accident. Some car accident cases involve more than one liable party, such as a driver and a vehicle manufacturer. Others have just one party to blame for the collision. An attorney can help you determine fault for the accident that recently caused your injuries as a passenger in Texas.

A person, government entity or company could owe you money for your damages as a passenger in a car accident. Determining who is liable is one of the first steps you will need to take to recover compensation. Then, you will need to understand your insurance coverage. The auto insurance of the at-fault party should cover your losses, including medical bills and lost wages, up to the limits of the policy. If the at-fault party does not have insurance, your provider may cover the losses instead.

If you have no-fault auto insurance, your insurer could cover your damages even if you were not driving at the time of the collision. Contact your insurance provider to seek coverage after an injurious car accident. No insurance claim, however, will provide coverage for losses such as pain and suffering. That is why after catastrophic or deadly auto accidents, it is important for victims and loved ones to speak to car accident attorneys about their options.

In car accident cases where one or more parties negligently or recklessly caused the collisions, these parties could be civilly liable for damages. A victim could file a personal injury claim against the at-fault party in pursuit of damages, including physical pain, emotional suffering, mental anguish and loss of consortium. A successful civil claim could end in better compensation for you as a passenger than an insurance claim alone. Speak to an attorney to learn more about the best outlet for recovery for you.

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