Being a passenger in a vehicle during an auto collision can be a terrifying experience. Unlike the driver, you have little to no control over the circumstances that lead to the crash. If you’re injured as a passenger, you may be unsure of what to do next, how to pursue compensation, or even who to hold accountable. Fortunately, as a passenger, you have rights and options to recover damages for your injuries. This blog will guide you through the steps to take after a collision and explain how Georgia law impacts your ability to seek compensation.
Immediate Steps to Take After the Accident
Seek Medical Attention
Your health and safety should be the top priority. Seek immediate medical care, even if you think your injuries are minor. Some injuries, like whiplash or internal trauma, may not show symptoms right away.
Documenting your injuries as soon as possible strengthens your claim and provides a clear record of your condition after the accident.
Call 911 and Report the Accident
Ensure that the accident is reported to the police. A police report can provide critical details about the collision, such as the parties involved, statements from witnesses, and any citations issued.
Gather Information
Collect contact and insurance information from all drivers involved in the accident, including the driver of the vehicle you were in. If there are witnesses, ask for their contact information as well.
Take photos or videos of the accident scene, vehicle damage, and your injuries if you are able to.
Refrain From Admitting Fault
Avoid making statements that could be interpreted as admitting fault, even if you believe you might have contributed in some way. Georgia follows a comparative negligence rule, and admitting fault could reduce or bar your compensation.
Consult a Personal Injury Attorney
Navigating a personal injury claim as a passenger can be complex, especially when determining liability among multiple drivers and insurance companies. An experienced Georgia personal injury attorney can help protect your rights and guide you through the process.
Who Is Liable for Your Injuries?
As a passenger, you are generally not considered at fault for the accident, which makes it easier to pursue compensation. Depending on the specifics of the collision, you may have several options for seeking compensation:
The Driver of the Vehicle You Were In
If the driver of the vehicle you were in was at fault, you can file a claim against their insurance policy to cover your medical bills, lost wages, and other damages.
The Other Driver(s) Involved in the Accident
If another driver caused the collision, you can pursue compensation through their insurance company. This includes any bodily injury coverage they carry.
Multiple Drivers (Shared Liability)
In some cases, multiple drivers may share responsibility for the accident. As a passenger, you can file claims with all at-fault parties’ insurance policies to seek compensation for your injuries.
Uninsured/Underinsured Motorist (UM/UIM) Coverage
If the at-fault driver(s) do not have sufficient insurance coverage, you may be able to file a claim under the uninsured/underinsured motorist (UM/UIM) coverage of the driver of the vehicle you were in or your own auto insurance policy, if applicable.
Types of Compensation You May Be Entitled To
As an injured passenger, you may be entitled to compensation for various types of damages, including:
Medical Expenses
This includes the cost of hospital stays, surgeries, doctor’s visits, rehabilitation, physical therapy, medication, and any other medical treatment related to your injuries.
Lost Wages
If your injuries prevent you from working, you can seek compensation for lost wages, including future lost earnings if your ability to work is permanently impacted.
Pain and Suffering
You may be entitled to compensation for physical pain, emotional distress, trauma, and the impact your injuries have had on your quality of life.
Property Damage
If any personal property, such as your phone or other items, was damaged during the accident, you can seek reimbursement for repairs or replacements.
Dealing With Insurance Companies as a Passenger
While you have the right to seek compensation, it’s important to understand that insurance companies may try to minimize your claim. Here are some tips for dealing with insurers:
Avoid Giving a Recorded Statement Without Legal Counsel
Insurance adjusters may ask you to provide a recorded statement. Politely decline until you have consulted with an attorney, as your words could be used to weaken your claim.
Do Not Accept the First Settlement Offer
Insurance companies often offer low settlements in the hopes that you will accept quickly. It’s important to evaluate the full extent of your injuries and damages before agreeing to any settlement.
Document Your Injuries and Treatment
Keep detailed records of all medical treatments, bills, and any out-of-pocket expenses related to your injuries. This documentation strengthens your case and ensures you receive fair compensation.
How a Georgia Personal Injury Attorney Can Help
An experienced personal injury attorney can guide you through the claims process, protect your rights, and help maximize your compensation. They can:
Investigate the Accident: Gather evidence, speak with witnesses, and consult with experts to build a strong case.
Negotiate with Insurance Companies: Handle communications and negotiations to ensure you receive a fair settlement.
File a Lawsuit if Necessary: If a fair settlement cannot be reached, your attorney can represent you in court to fight for the compensation you deserve.
Contact Our Georgia Personal Injury Attorneys for a Free Consultation
If you’ve been injured as a passenger in an auto collision, you have the right to seek compensation for your injuries. At K. Hall Law Group, we have extensive experience representing injured passengers and fighting for their rights. Contact us today for a free consultation to discuss your case.
Schedule Your Free Consultation
Call 678-367-3339 or fill out our online contact form to speak with an experienced Georgia personal injury attorney. We’re here to help you every step of the way.