Riding as a passenger in a car can be quite relaxing. As a passenger you don’t have to worry about any of the stresses of the drive, such as bad drivers or poor weather conditions, and for the most part you can just sit back and relax. This feeling of calm can fade in an instant the moment that the driver of your vehicle, or another, causes a car accident.
The car accident claims process can be confusing but most people typically understand the concept of fault in a car accident. If one driver has caused the accident then they are responsible for the corresponding damages from the accident. But what if you were a passenger in the vehicle that caused the accident, what are your rights?
As a passenger in a vehicle you have rights, and in the event of a car accident you may not know what your next steps are. In this article our Utah car accident lawyers will be explaining passenger rights and what being a fault free passenger is, with the gold to help all passengers understand their rights if they are ever involved in a car accident.
What is a Fault Free Passenger
As a passenger in a vehicle you are typically referred to as a fault free passenger. This is an insurance term used to describe anyone who is riding in one of the vehicles that are involved in an accident, and more specifically has no responsibility for the accident.
A fault free passenger is unlike a driver as they typically have no control over the vehicle’s movement. This lack of agency is why insurance companies often label all passengers as fault free, unless very exceptional circumstances apply.
Characteristics of Fault Free Passengers
In an insurance claim, a fault free passenger is typically characterized by the following:
- Non-Involvement of Vehicle Operation: This means that a passenger did not engage in any behavior that could have influenced the vehicle’s operation. A passenger could be deemed partially responsible for the car accident if it was proved that they performed any actions that may have led to the accident, such as distracting the driver, or messing with the vehicle’s controls.
- Non-Contribution to the Accident: This means that a passenger is not participating in any actions that may have contributed to the accident in any way.
The Legal Rights of Fault-Free Passengers
In a car accident, the driver who was not found at fault is able to recover damages for their accident from the at fault party. Since a fault free passenger does not bear any responsibility for the accident then they also have the right to seek compensation for the losses that they have suffered from the at fault driver. These damages include:
- Medical Expenses: They will be able to seek coverage for all medical treatments and expenses that are needed due to any injuries that were sustained as a direct result of the car accident.
- Lost Wages: If the accident has caused the passenger to miss long periods of work then they will be able to pursue compensation for their lost earnings.
- Pain and Suffering: A fault free passenger will also be able to claim compensation for the physical toll and emotional distress that has been caused by the accident.
As a fault free passenger you have the right to open a claim against the at fault driver, even if you were in the vehicle that caused the accident. This means that the passenger may be taking out an insurance claim against a friend, or a family member; however, it is important to remember that they are taking a claim against an insurance company and not a family member or friend specifically.
An insurance company bears the responsibility of covering the damages that come from a car accident, that is the reason we pay for insurance coverage on our vehicles after all. If you happen to be a fault free passenger in a car accident, do not let yourself suffer injures and medical bills because you are afraid to take an insurance claim against a friend or family member, because in reality you are really seeking compensation for your injuries from a billion dollar insurance company.
The ability to seek compensation from an at fault driver as a passenger can help them get the medical treatment they need after an accident, and it can allow them to do so without fear of who is at fault for an accident.
Steps Fault Free Passengers Should Take Following an Accident
Seek Immediate Medical Attention:
If you have been involved in a car accident you should always seek medical attention, even if you do not feel injured. After a car accident your body will let out an incredible amount of endorphins and adrenaline to compensate for the shock that you have just experienced. These endorphins can actually mask the pain from any injuries you may have received, and can make you feel fine after an accident.
A medical evaluation after an accident will be able to reveal all of the injuries you have suffered from, even the ones that you might not be aware of, and will ensure that none of your injuries will go undetected. Seeking prompt medical treatment can also help with the recovery process as your doctors will be able to create an effective treatment plan immediately and get you started on your road to recovery.
Document the Incident:
After the accident it is crucial that you gather any and all evidence from the accident scene. If it is safe to do so, try and take as many photos and videos of the crash site, as well as gather the contact information as well as a recounting of the events of the accident, as this eye witness account can help illustrate fault and acts as an unbiased account of events. These pieces of evidence can help support your insurance claim, and can help bolster the strength of your personal injury case.
Consult With a Utah Car Accident Lawyer:
Reaching out to a Utah car accident lawyer can be vital in helping your case. Your Utah car accident lawyer will be able to offer you guidance, fight for your best interests when negotiating with insurance companies, and will help you navigate the complexities of the legal system with ease.
If you are a fault free passenger in a car accident, you have been put into an incredibly unique position. You have the ability to seek compensation for your injuries regardless of whether you were in the car that caused the accident or not. Being able to pursue a personal injury claim if you were in the at fault vehicle can be a blessing, especially if you have suffered serious injuries.
Armed with this knowledge, remember your rights after an accident and take the following steps we outlined above to help ensure that your personal injury case is as strong as possible.
If you or someone you know has been injured in a car accident, make sure that you get the compensation that you deserve by contacting the best Utah car accident lawyers at LifeLaw Personal Injury. Our team of car accident lawyers will work tirelessly for you to ensure that your rights are protected. Let us fret over every detail of your case so that you can focus on what is really important, your recovery. If you have been injured and it was not your fault, do not hesitate to call our Utah car accident lawyers for a free consultation and to discuss your next steps.