If you were a passenger in a car accident, you’re probably unsure about what happens next and whether or not you can seek damages. The good news is that you have the right to pursue compensation for any injuries or losses you suffered due to the crash. The bad news is that it might be difficult to determine who you should request compensation from, especially given how many different insurance policies may be involved depending on the circumstances of your accident.
Fortunately, the Thumbs Up Guys Injury Attorneys can assess your case and guide you through the claims process. A Charleston car accident lawyer from our firm can figure out which insurance company you should file a claim with and make sure you have the best chance possible at obtaining fair compensation.
How You Can Seek Compensation For a Car Accident as a Passenger
If you were a passenger in a motor vehicle accident, you could be able to seek damages from several different sources. An attorney can help you figure out which of the following routes to compensation is right for you:
Filing a Claim With the Other Driver’s Insurance Company
South Carolina is an at-fault state, which means you’ll be able to pursue fair compensation from the party that caused the accident. If another motorist caused the crash, an attorney can help you file a claim with their insurance provider. South Carolina law requires drivers to carry a minimum of $25,000 per person and $50,000 per accident in bodily injury liability coverage, along with $25,000 in property damage coverage.
Filing a Claim With Your Driver’s Insurer
If the driver whose car you were in caused the accident, you can file a claim with their insurance company. If you’re hesitant to file a claim with their insurer because they’re your friend or family member, don’t worry. The money you receive from an accident claim won’t come out of their pocket but rather from their insurance provider.
Filing a Claim With Your Own Insurance Provider
South Carolina Code of Laws § 38-77-10 requires drivers to have a certain amount of auto accident liability coverage. Unfortunately, some motorists neglect to follow this statute and drive without insurance coverage.
If you were injured as a passenger in a car accident caused by an uninsured driver, you’re probably asking yourself, “What happens next?” The best answer to a problem like that is to file a claim with your own insurance company under your uninsured motorist (UM) coverage. South Carolina law requires all drivers to carry uninsured motorist coverage at the same minimum limits as their liability coverage — at least $25,000 per person — specifically to protect situations like this.
If the at-fault driver has insurance but not enough to fully cover your damages, you may also be able to file a claim under your own underinsured motorist (UIM) coverage, if you have it. UIM coverage acts as a financial safety net when the at-fault party’s policy limits fall short of your actual losses.
Pursuing a Lawsuit Against the At-Fault Driver
If the car accident you were involved in as a passenger caused losses that exceed the auto insurance policy’s limit or if the insurer rejects your claim, you might have to file a personal injury lawsuit against the at-fault driver. An attorney can help you collect and analyze the evidence you need to support your suit.
They’ll work hard to make sure your lawsuit is filed correctly and promptly. When it comes time to represent you in court, they’ll make a strong, fact-based argument as to why the jury should give a fair verdict.
If You Were a Passenger in a Rideshare Vehicle (Uber or Lyft)
Rideshare accidents add an important layer of complexity. If you were injured as a passenger in an Uber or Lyft, which insurance applies depends on the driver’s app status at the exact moment of the crash:
- App is off: Only the driver’s personal auto insurance applies. Uber/Lyft provide no coverage.
- App is on, waiting for a ride request (Period 1): Limited coverage through the rideshare company applies; up to $50,000 per person, $100,000 per accident, and $25,000 for property damage.
- Driver has accepted a ride or passenger is in the vehicle (Periods 2 & 3): South Carolina law requires Uber and Lyft to carry $1 million in liability coverage. As an active passenger, you are almost always covered under this policy.
If another driver caused the crash while you were a rideshare passenger, their insurance applies first. If they are uninsured or underinsured, the rideshare company’s UM/UIM coverage may step in to cover your losses. Because insurance companies frequently dispute which coverage period applies to reduce payouts, having an experienced attorney is especially important in rideshare accident cases.
For a free legal consultation, call (843) 380-8350
What Passengers Should Do After a Car Accident
If you were riding in the passenger seat of a car when an accident occurred, there are a few things you should do immediately after the collision. First, you should assess your injuries and the driver’s. Call an ambulance immediately if one or both of you are seriously hurt.
Call the Police
If your passenger injuries are mild, you’ll still want to call 911 so the police can document the accident. The accident report they file could be essential to the success of your claim. South Carolina law requires that police be notified of any accident involving injury, death, or property damage exceeding $1,000. Since the police report may be used as evidence in your case, make sure to stick to the facts and don’t admit fault if the police ask you for a statement.
Write Down Insurance Details
Once the police have responded to the collision scene, you’ll want to speak to the other driver involved and write down their insurance information. You should also take down your driver’s insurance details in case they’re found to be at fault for the crash. If you were in a rideshare, take a screenshot of your trip receipt in the app immediately. This is key evidence of your active passenger status.
Take Photos
Next, you should document the crash scene using your cell phone camera. Take photos of all vehicles involved, including dents and other forms of damage. You’ll also want to take photos of your injuries and the driver’s injuries. If there is any dashcam, traffic camera, or other electronic evidence at the scene, note its location so your attorney can work to preserve it quickly. This footage can disappear within days.
Talk to Witnesses
If anyone in your vicinity may have seen the crash, ask them if they would feel comfortable giving testimony about what they witnessed. Your personal injury attorney may use their statement to prove that you were injured as a passenger in the car accident.
Seek Medical Attention
Once you’ve left the accident scene, it’s important that you seek medical attention as soon as possible. Even if you feel alright and don’t seem to have any severe injuries, you should still get checked out. The adrenaline rush from a crash can mask pain from serious conditions such as whiplash, concussion, internal trauma, or spinal injuries that may not become apparent until hours or days later.
Seeking prompt medical attention also strengthens your personal injury claim. It demonstrates to the insurance company that the incident was serious and creates a medical record linking your injuries to the accident. Keep all medical records, bills, and treatment notes, as your attorney will need them during the legal process.
Hire a Personal Injury Lawyer
If you were a passenger in a car that collided with another vehicle, you should speak with an attorney as soon as possible. Under South Carolina Code of Laws § 15-3-530, you have three years from the date of the crash to file a personal injury lawsuit. Hiring an attorney soon can help ensure that your suit is filed well within the three-year time frame.
Note that if a government vehicle or entity was involved in your accident, a much shorter deadline applies. Under the South Carolina Tort Claims Act, you may have as little as one to two years to file, making it critical to consult an attorney right away.
In addition to following state requirements for lawsuits, your attorney can also investigate your motor vehicle collision, determine how much compensation you’re owed, and fight for the damages you need to make up for the medical expenses, lost wages, and suffering you’ve been burdened with.
What Damages Can You Claim as a Passenger?
As a passenger in a car accident, you may be entitled to claim damages, including medical expenses, pain and suffering, lost wages, and more.
- Medical expenses: These damages aim to cover costs for hospitalization, surgeries, medication, therapy, and any other necessary medical treatment, both current and future.
- Future medical expenses and long-term care: If your injuries require ongoing treatment, rehabilitation, or long-term care, those anticipated costs can be included in your claim.
- Pain and suffering: This is compensation for physical pain and emotional distress experienced due to the accident.
- Lost wages: This is reimbursement for income lost during recovery or inability to work due to injuries sustained in the accident.
- Loss of future earning capacity: If your injuries affect your ability to work or earn at the same level in the future, you may be entitled to compensation for that reduction.
- Property damage: This is compensation for any personal belongings damaged or lost in the accident, such as clothing, electronics, or luggage.
- Disability or disfigurement: This is additional compensation for long-term or permanent injuries that impact quality of life or appearance.
- Loss of consortium: This is compensation for the impact of injuries on relationships with family members or partners.
- Contact the Thumbs Up Guys Today
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Contact the Thumbs Up Guys Today
Understanding what happens if you’re a passenger in a car accident can help you make smart decisions after a collision. If you’ve gotten into an accident while riding in the passenger seat, whether in a friend’s car, a family member’s vehicle, or a rideshare, The Thumbs Up Guys can help you get the financial compensation you need to treat your injuries and cover any other losses you’ve suffered.
Contact our firm today to schedule a free consultation and find out if you’re eligible to pursue legal action or file an insurance claim. If we agree to help you seek damages, our accident attorneys represent your best interests during the investigation, at insurance negotiations, and in court. We’re here to help you get the fair settlement you deserve as an accident victim.
Call or text (843) 380-8350 or complete a Free Case Evaluation form
