Can You Sue if You Were a Passenger in a Car Accident?
December 8, 2024
Imagine you’re a passenger in a car that’s crossing an intersection, and another vehicle runs a red light, T-boning your side of the car. Both drivers walk away with mild injuries, but you sustain a fracture and a concussion. The driver of the car in which you were traveling has insurance that will cover your medical expenses up to a point, but you may have long-term medical needs that aren’t covered or emotional trauma that impacts your daily life. So can you sue if you were a passenger in a car accident? In many instances, yes.
At Wapner Newman, our lawyers can help you make sense of the claim process in Pennsylvania so that you have a chance to recover damages.
Schedule a free consultation at (215) 569-0900 to learn more about starting a lawsuit.
The Complexities of Pennsylvania Car Accident Claims
How Insurance Works in the Keystone State
Pennsylvania is a no-fault state when it comes to traffic collisions. Our car accident lawyers often help clients understand that this doesn’t mean you can’t file a lawsuit against the person responsible for the crash, but whether you can do so depends on the insurance types involved as well as the severity of the injuries you suffered.
Pennsylvania gives drivers the option of two insurance types: limited tort and full tort insurance. Limited tort insurance is essentially no-fault insurance, which covers medical expenses and lost wages if a driver is in an accident, whether they were at fault or not. It doesn’t, however, cover non-economic losses, like pain and suffering. With this insurance type, drivers can pursue a lawsuit against the person who caused the accident only if they suffer serious injuries. If a driver has full tort insurance, they can file a lawsuit against the party that caused the accident regardless of the severity of their injuries.
Can You Sue if You Were a Passenger in a Car Crash?
Why does the type of insurance matter if you’re a passenger in a car accident? Usually, passengers have to abide by the insurance that the driver of the vehicle has selected. If the driver has limited tort insurance, and you suffer injuries that aren’t severe enough to meet the legal threshold in the state, you will likely not be able to sue the other driver. On the other hand, if your driver has full tort insurance, you can pursue a lawsuit.
Something else to remember is that you can sue more than one party. Say that the driver of the vehicle in which you were a passenger was looking down at their phone and missed seeing that the other party ran the red light. Although the distracted driver didn’t cause the accident, they contributed to it by not being aware of the other vehicle. In that instance, you may be able to file a lawsuit against both drivers.
Filing a lawsuit if you were a passenger is complex, even if you want to sue only one of the drivers. To have the best chance of getting fair compensation, you need to have experienced representation.
At Wapner Newman, we have recovered millions in jury awards and settlements for our clients. We’ll fight tirelessly for your rights.
What Steps to Take if You Were a Passenger in a Car Accident
The moments after a car accident are critical. Taking the right steps can help strengthen your future claim. To be able to sue as a passenger in a car accident, consider the following tips.
Get Medical Care On-Site
As soon as you can, call emergency services. Do this even if the driver of the vehicle in which you’re in doesn’t do so. Often, drivers try to minimize the accident to avoid insurance issues, but you have a right to get medical care. Even if you’re not sure whether you’re hurt, have a medical professional look you over. The shock and adrenaline racing through you may have blunted pain, and you may not realize you have a concussion or internal bleeding until emergency responders examine you.
The sooner you get medical care, the better. Not only will it help ensure that you’re safe, but it will also start creating a record of the injuries you suffered.
Speak With the Police
If there’s an accident that results in injuries or property damage, the police need to be involved. If neither driver has called, you should do so. When law enforcement gets to the scene, provide your testimony. To file a claim, you will need the police report, so also ask how to get a copy.
When you give your account of what happened, be as honest as you can and offer lots of information. You don’t have to lay the blame on anyone, but you should offer as many details as possible.
Gather Evidence
It is likely that the driver of the vehicle in which you were a passenger will take pictures and videos of the cars, but you should do so as well. If there are skid marks on the road, record these, too. It’s also important to look for eyewitnesses who can offer their testimony about what happened. If you pursue a lawsuit, your lawyer can rely on what these witnesses saw.
Speak With a Lawyer
As soon as possible, contact a lawyer to understand what your options are. Often, passengers hesitate to take legal action, especially if they have a relationship with the person who was driving, but if you have significant injuries, you deserve help. That can happen only if you pursue a lawsuit against whomever was at fault.
Damages You Can Claim After a Car Accident
Understanding Economic and Non-Economic Damages
If you were a passenger in a car accident, and your injuries are serious enough to allow you to step outside of no-fault insurance, or if the driver of the vehicle in which you traveled had full tort insurance, you can receive both economic and non-economic damages.
Economic Damages
Economic damages are those that compensate you for financial losses. They will cover medical expenses, like hospital stays, medication costs, and ambulance fees, as well as any changes that you need to make to your home or vehicle to accommodate disabilities. If you need future medical care, your lawyer will take this into account when asking for economic damages.
Lost wages are also covered. Serious injuries could keep you from working in the same setting or capacity as you’re used to, and the worst ones may prevent you from working at all. Insurers will look at your average wages and compensate you for the salaries, commissions, and bonuses you missed because of the injuries you suffered.
Non-Economic Damages
The losses that aren’t financial are covered by non-economic damages. These damages are available only for those covered by full tort insurance or those with serious injuries.
Non-economic damages cover pain and suffering and loss of enjoyment of life. These losses aren’t easy to quantify, so your lawyer and insurers will consider the severity of the injuries you suffered, how they impact your everyday life, and a variety of other factors.
Contact Experienced Car Accident Lawyers
After being a passenger in a car accident, you deserve the chance to get help for the losses you suffered. One of the most important things you can do is to hire a lawyer to represent you through this process.
At Wapner Newman, we bring decades of experience to the table. We have worked on numerous cases involving passengers in car crashes, and we know just how to tackle them effectively. If necessary, we can take the case to court and advocate for you there.
Call us at (215) 569-0900 to schedule a free consultation with one of our car accident attorneys.