If you’re driving a motor vehicle and are in an accident, you might already know that you can file a claim against the at-fault party for your injuries. But if you’re in a car accident as a passenger, what are your rights?

Passengers who were hurt in a car crash can file a claim against the at-fault driver for their losses – whether that person was the other driver or their own friend or family member. Car insurance policies cover passengers as well as drivers. In fact, you might even be able to file a claim with your own insurance company if the at-fault driver doesn’t have car insurance.

At Derrick Law Office, we fight for the rights of people who are injured in all types of accidents – including passengers involved in collisions. Our Simpsonville, South Carolina car accident lawyers are dedicated to getting maximum compensation for our clients. If you’ve been hurt in any type of accident, reach out to our law firm to schedule a free initial consultation.

Can Passengers File a Claim for a Car Accident?

If you are injured in an automobile accident, you may have the right to file an insurance claim against the at-fault party. This may be the driver of the other vehicle, the person driving the car that you were in, or someone else entirely – like the manufacturer of the faulty brakes that caused the accident, for example. These claims are filed with the at-fault driver’s insurance company.

In South Carolina, all motorists are required to purchase liability insurance and uninsured/underinsured motorist (UI/UIM) coverage. At a minimum, drivers must carry $25,000 per person/$50,000 per accident in bodily injury coverage and $25,000 for property damage. Drivers must also carry the same minimums for UI/UIM coverage. This type of insurance protects you in the event that you are involved in a motor vehicle accident with a driver who either doesn’t have insurance or doesn’t have enough insurance to cover your losses.

South Carolina is an at-fault state, which means that Personal Injury Protection (PIP) or Medical Payment (MedPay) is not required. Many drivers still choose this coverage when purchasing car insurance. PIP and MedPay will cover certain expenses, such as medical bills and lost wages, regardless of who is at fault.  This type of coverage ensures that a driver and their passengers can get their basic expenses paid without any determination as to fault.

Passengers are covered under car insurance policies. If you were injured in a motor vehicle accident, you can file a claim for all of your losses. Depending on the facts of the case and the type of insurance coverage available, your medical expenses and other losses may be paid by bodily injury coverage, MedPay, or PIP. Your own health insurance will also pay for medical bills, although they may later seek reimbursement from any settlement or compensation that they receive.

Even if the at-fault driver did not have auto insurance coverage – or they have too little coverage to pay for all of the losses associated with the crash – passengers can still seek financial compensation through uninsured or underinsured motorist coverage. For example, if the driver of the car that they were in was at fault and they don’t have insurance, you could file a claim against your own UM/UIM policy. If the driver of the other car was at fault and uninsured, then you could file a UM/UIM claim with the insurer of the driver of the car that you were in at the time.

Determining coverage can be tricky and you may be reluctant to file a claim against a friend, family member, or colleague driving you. During a free initial consultation, a Simpsonville car accident attorney will listen to your story and offer you legal advice about your rights and options for pursuing a claim.

Who Is Responsible for a Passenger’s Injuries in a South Carolina Auto Accident?

In any car accident, the person who caused the crash is financially and legally liable for any damages (losses) that result. The same holds true for situations where passengers are injured in a wreck. If one or more drivers caused the accident, you can file a claim with the insurance company.

Car accident cases are typically based on a theory of negligence, or carelessness. A driver can be negligent in any number of ways – such as by speeding, texting while driving, or backing up without looking to make sure that the coast is clear. If a driver is negligent in some way, they will be liable for any damages that they cause.

Negligence can be complicated in some cases, such as a multi-vehicle car accident. In some situations, more than one driver can be held responsible for a crash. Under South Carolina’s comparative negligence laws, a driver can still recover financial compensation for an accident even if they were partially at fault (as long as they were 50% or less to blame).

Although possible, it is unusual for a passenger to be responsible for an accident. However, negligence issues can still complicate a legal claim for a passenger who wasn’t at fault for a collision. A skilled South Carolina car accident attorney can advocate for a passenger to help them get maximum compensation for their injuries.

In some cases, a person’s intentional or reckless conduct causes a crash. A good example of such a case is a drunk driving accident. In these situations, a passenger and anyone else injured in the wreck can still pursue financial compensation against the driver who was responsible for their injuries.

What Compensation Can I Seek as a Passenger?

In a motor vehicle accident claim, passengers may be entitled to recover three types of damages: economic, noneconomic, and punitive damages. Economic and noneconomic damages pay for an injury victim’s losses, while punitive damages punish a person who acted intentionally or recklessly.

Economic damages cover direct financial losses. They are usually proven through documentation like bills, invoices, pay stubs, and estimates. Examples of economic damages include lost wages, reduced earning capacity, property damage, medical bills, and future medical treatment.

Noneconomic damages cover intangible losses, such as pain and suffering, loss of enjoyment of life, scarring, disfigurement, and emotional distress. These damages can be harder to prove, but they are less important than economic damages.

Punitive damages are available in cases where the at-fault driver acted intentionally or recklessly – such as a drunk or drugged driving accident. In South Carolina, punitive damages are capped at the greater of $500,000 or three times actual (economic plus noneconomic) damages. A Simpsonsville personal injury lawyer can advise you about whether you may be eligible for punitive damages.

Insurance companies often try to get accident victims – including passengers – to accept lowball settlement offers. An insurance adjuster may approach an accident victim, ask them to give a statement or request that they sign some paperwork. You should only talk to an adjuster or sign documents once you have had a chance to talk to a South Carolina car accident attorney.

A personal injury law firm won’t simply accept the insurance company’s version of events – or their valuation of the claim. They will perform their own investigation and research South Carolina law to put together the strongest possible claim for damages. From there, they will negotiate with the insurance company and pursue legal action (if necessary) to get you the money that you deserve for your injuries.

The majority of personal injury lawsuits are resolved outside of court. Even if you have to file a lawsuit to preserve your legal rights, the case will almost always be settled through negotiation. In fact, some cases are even settled on the eve of trial. 

Insurance companies often don’t want to risk going to trial and having a jury return a large verdict against them. This is particularly true when they know that you are represented by a top-notch South Carolina car accident lawyer. In Simpsonville and the surrounding areas, you can trust our law firm to fight for your right to full compensation.

Get Help From a South Carolina Personal Injury Attorney

Being hurt in a car accident can be incredibly scary.  In the days and weeks that follow, you may be overwhelmed and unsure of what to do. Our law firm is here for you. We will take on the big insurance companies for you and get you top dollar for your losses.

The Derrick Law Office is dedicated to helping accident victims get the money that they deserve for their injuries. We offer free consultations and never charge a fee unless we recover money for you. To learn more or to schedule a free initial appointment with a South Carolina personal injury attorney, give us a call at 864-531-7765 or fill out our online contact form.

Can I Really File an Accident Claim Against Someone I Know?

It may seem weird to pursue an insurance claim against a friend or family member if they caused a car accident while you were a passenger. But it is often the only way to get compensation for your injuries. More importantly, your loved one carries insurance for a reason – for situations just like this. To look at it another way, they wouldn’t want you to be financially devastated because you are worried about upsetting them.

At Derrick Law Office, we understand that these situations can be sensitive. We work with our clients to help them get the money they need to move forward while maintaining these important relationships. Reach out today to schedule a free consultation with a member of our legal team.

How Can I Pay for a South Carolina Car Accident Attorney?

Personal injury law firms typically handle claims on a contingency fee basis. This means that you pay nothing up-front, and only pay a fee if you recover money through a settlement or verdict at trial. The fee will be a percentage of your total recovery.

This type of fee agreement makes it possible for anyone to hire a Simpsonville car accident lawyer – even if you don’t have the extra cash on hand to pay an hourly fee. If you have been hurt in a car accident as a passenger, call Derrick Law Office today to schedule a free consultation.

Related: How to Settle Your Own Accident Claim in South Carolina