What Are My Rights as an Injured Passenger in a Car Accident?

If you get injured in a car accident as a vehicle passenger, you can receive compensation for your injuries and losses regardless of who caused the crash. It is important to understand your rights and know how to protect them as a passenger, however, to ensure a fair case outcome. Otherwise, the at-fault driver’s insurance company may try to take advantage of you.

What to Do Right After an Accident

The steps you take immediately after a car accident as an injured passenger can help you lay the groundwork for a substantial insurance claim. More importantly, it can help ensure your physical safety and a healthy recovery.

If you can, here’s what to do:

1. Get medical care without delay. Do not assume or state to others that you are not injured. Always get checked by a medical professional after being involved in a car crash. You may have injuries with delayed or hidden symptoms.
2. Obtain driver contact details. As a passenger, you will need to file a claim against one or both of the drivers involved. While at the scene, write down each driver’s name, contact information and insurance information.
3. Collect evidence, including a copy of the police accident report, statements from other passengers and eyewitnesses, photographs of the crash scene, any video footage that was captured of the crash, and your relevant medical records and expense receipts.

Keep up with your doctor’s treatment orders after the crash. When you are ready to initiate an insurance claim, know that you have the right to consult with or hire a car accident attorney to represent you, if necessary.

If your accident involved a rideshare driver, such as in an Uber, you may need a Fort Collins Uber accident attorney to help you navigate insurance policies and corporate liability protections.

Contact a Personal Injury Lawyer in Fort Collins

Get a free consultation Call us (970) 471-7170

Filing an Accident Report

Under Colorado state law, drivers involved in a car accident are required to provide requested information to any police officers who report to the scene. An officer may ask for your name and contact information immediately after the collision to include on the report as a passenger.

While talking to the police, share your version of events, but do not speculate as to who may be at fault. Law enforcement officers will file an accident report with the correct authorities. If the car accident was not severe enough to require a police investigation, the driver of the car is responsible for filing an accident report.

The driver can file a crash report online to the Colorado Department of Revenue Division of Motor Vehicles. As an injured passenger, you have the right to request a copy of the accident report to use during your insurance claim.

Filing an Insurance Claim

As an injured passenger rather than a driver, you have the unique advantage of being eligible for financial compensation regardless of who is at fault for the collision. However, it is essential to handle the process of filing an insurance claim calmly and correctly to protect your rights.

Start by gathering essential information at the accident scene and in the days following. Then, determine whose insurance is responsible for paying for your losses. Contact the insurance company of the correct driver and provide all requested information. Do not go into too much detail about your injuries, however, and do not rush to accept a quick settlement.

Before you say yes to a settlement that may undervalue your losses, including potential future losses from a severe injury, consult with an attorney about the true value of your claim. A personal injury lawyer can help you fight for maximum compensation.

If your case involves a commercial driver, such as a truck driver or a rideshare operator, you may benefit from the experience of a Loveland Truck Accident Attorney who can help you understand your rights and available sources of compensation.

Determining Who Was at Fault

Before you can file an insurance claim, you may need to determine who was at fault. As a passenger, you have the right to file a claim with multiple insurers to increase your chances of recovering full financial compensation. Start with the insurance company of the person who was driving the car in which you were a passenger.

Whether the driver of your car was a friend, family member or someone hired to drive you (e.g., an Uber or Lyft driver), that driver’s car insurance policy will most likely cover you as an injured passenger. You can also file a claim against the other driver involved for additional or supplemental insurance coverage.

As an injured passenger, you will not have the responsibility of proving fault to recover compensation since you were not one of the drivers. Instead, liability disputes will be handled by the insurance companies involved.

Seeking Compensation for Passenger Injuries

Although most car accident cases in Colorado are resolved via the insurance settlement process, there is a possibility that you will need to file a lawsuit and bring your car accident case to court to obtain the compensation you deserve. For instance, if your insurance claim does not fully pay for your losses or if an insurer is disputing coverage, you have the right to sue.

Filing a lawsuit against the driver of the vehicle you were riding in can be difficult if it is a friend or family member. Keep in mind, however, that you would not be suing the driver directly – your lawsuit would be against the driver’s car insurance company. Retain a car accident lawyer during the court process to improve your odds of success and alleviate the legal burden.

How Long Will It Take to Get a Settlement?

The amount of time you will have to wait to get a financial settlement after a car accident as an injured passenger can vary based on the complexity of the case, whether there are liability disputes, the number of parties involved and how quickly the insurance company processes your claim.

In general, a straightforward car accident case can reach a settlement within a few months. If you have a complex case, on the other hand, it may take a year or longer to resolve. While it is normal to be impatient for a settlement, it is better to wait and maximize your financial recovery than to rush and get locked into a settlement that does not fairly compensate you.

Consult With a Car Accident Lawyer in Fort Collins

Consider legal representation as an injured passenger in a car accident if you encounter challenges while trying to receive financial compensation from one or both drivers. If you believe an insurance company is not offering a high enough settlement for your losses, for example, a lawyer can take over negotiations on your behalf to maximize your financial recovery.

Learn more by speaking to an attorney about your case. For a free, personalized legal consultation with an experienced Fort Collins car accident lawyer, contact Cannon Law.