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Being a passenger in a car accident can be a frightening experience. While you may not have been behind the wheel, you can still suffer significant injuries. In Georgia, injured passengers have specific rights when seeking compensation. This blog explains these rights and how to pursue a claim to recover for medical expenses, lost wages, and other damages.
Understanding Passenger Rights in Georgia
As a passenger in a car accident, you are generally not at fault. This means you have a strong legal standing to seek compensation for your injuries. Georgia law allows injured passengers to file a claim for damages against the at-fault driver’s insurance policy. In some cases, you may also be able to file a claim with more than one insurance policy, depending on the circumstances of the accident.
Key options for compensation include:
- Filing a claim against the at-fault driver’s insurance
- Seeking compensation through your own insurance if applicable
- Pursuing legal action if necessary
Let’s dive deeper into these options to understand how you can get the compensation you deserve.
Filing a Claim Against the At-Fault Driver’s Insurance
Georgia operates under an “at-fault” system, meaning the person who caused the accident is responsible for covering the damages. As an injured passenger, you can file a claim against the at-fault driver’s insurance to recover compensation for:
- Medical bills
- Lost wages
- Pain and suffering
- Other accident-related expenses
If the driver of the car you were in caused the accident, you can file a claim against their insurance. Similarly, if another vehicle’s driver was at fault, you can seek compensation through their policy.
What if Multiple Drivers Are at Fault?
In some car accidents, more than one driver may be at fault. Georgia follows a modified comparative negligence rule, which means that fault can be shared between parties. As long as you, as a passenger, are not found to be 50% or more responsible for the accident, you can still seek compensation from the drivers involved.
Steps to Take:
- Identify all parties who may have contributed to the accident.
- File claims with each party’s insurance provider.
- An experienced attorney can help navigate the complexities of multi-party claims, ensuring that each responsible party is held accountable.
Using Your Own Insurance Coverage
If the at-fault driver’s insurance doesn’t fully cover your damages, or if the driver doesn’t have insurance, you may still have options. Many people carry personal insurance policies that include provisions for covering injuries sustained as a passenger.
Types of Insurance That May Apply:
- Uninsured/Underinsured Motorist Coverage (UM/UIM): If the at-fault driver doesn’t have enough coverage to pay for your injuries, you can file a claim with your own insurance under your UM/UIM policy.
- Personal Injury Protection (PIP) or Medical Payments (MedPay) Coverage: If you have these types of policies, they can cover medical expenses regardless of who was at fault.
Suing for Damages
While most car accident claims are resolved through insurance, there are situations where a lawsuit may be necessary. For example, if the at-fault driver’s insurance company denies your claim or offers a settlement that is too low, you may need to pursue a lawsuit to recover fair compensation.
In Georgia, injured passengers have the right to sue the at-fault driver for negligence. This can include suing for medical bills, lost wages, pain and suffering, and other damages resulting from the accident. It’s important to note that Georgia has a two-year statute of limitations for personal injury claims, so you must act within this timeframe.
What to Do After a Car Accident as a Passenger
If you are injured as a passenger in a car accident, there are several important steps you should take to protect your rights and ensure you receive fair compensation:
- Seek Medical Attention: Even if you feel fine, some injuries may not show symptoms right away. Always get checked by a healthcare professional after an accident.
- Collect Information: Get the contact and insurance details of both drivers involved in the accident, as well as any witnesses.
- Take Photos: If possible, document the accident scene and any visible injuries.
- File a Police Report: A police report can serve as valuable evidence when filing your claim.
The best way to protect your rights is to talk to an experienced injury attorney at Gautreaux Law. Our team will guide you through the claim process and fight for the compensation you deserve. Contact us today for a consultation to discuss your case.