If you have been injured as a passenger in a car accident in Las Vegas, you most likely have a right to compensation for your injuries.
But how you’ll be compensated—and by whom—will vary depending on the circumstances of the auto accident, actions taken by insurance companies, and several other factors.
Find out how to file a successful claim and get the settlement you deserve with this guide to passenger injury claims from ER Injury Attorneys.
Where to File a Passenger Injury Claim
Because Nevada uses a fault-based system for car insurance, the auto insurance company of the person who was responsible for an accident is liable for damages stemming from the wreck.
For example, if Driver A rear-ends Driver B because they were following too closely and Driver B gets hurt, Driver B can file an injury claim with Driver A’s car insurance policy. The same would apply to an injured passenger riding in Driver B’s car. The passenger would file their own separate injury claim with Driver A’s insurance company.
On the other hand, if Driver A has a passenger in their vehicle at the time that they rear-end Driver B and their passenger is also injured, Driver A’s passenger would file an injury claim with Driver A’s insurance policy.
Factors That May Complicate Your Case
In theory, filing a claim with the at-fault driver’s insurance company seems pretty straightforward—but some circumstances can easily put a snag in your passenger injury claim. If any of the following apply to you, your claim may benefit from the assistance of an experienced personal injury attorney.
Your Actions Contributed to the Accident
Not surprisingly, the person responsible for an accident is usually a driver, motorcyclist, bicyclist, or pedestrian directly involved in the accident. That being said, passengers do have a duty not to interfere with a driver’s ability to operate a vehicle safely.
Thus, a passenger in a car accident may also be held responsible—or at least partially responsible—if their actions directly contribute to a crash. And because Nevada is a fault-based state, a passenger who causes or contributes to an accident may have their injury claim settlement reduced or denied. Examples of kinds of behavior that might impact a passenger’s claim include:
- Distracting the driver via verbal or physical fighting
- Physically attempting to control the vehicle (i.e., grabbing the steering wheel)
- Blocking the driver’s line of sight
- Knowingly and willingly getting into a car with an impaired driver, or even encouraging an impaired person to get behind the wheel
In essence, any act of negligence or recklessness taken by a passenger which results in or contributes to a car accident may nullify or limit that passenger’s right to claim compensation for their injuries and other losses.
Multiple Drivers Are to Blame for the Accident
The passenger injury claim process may also be confusing if there is more than one driver at fault for an accident. As a passenger, you may be eligible for compensation from both drivers’ insurance companies—but figuring out how much you’re owed by each policy and trying to negotiate a fair settlement amount from each can be time-consuming and overwhelming (especially if insurance adjusters try to take advantage of your vulnerability).
To ensure that you get the full amount of compensation you’re entitled to, it’s recommended to let a personal injury lawyer evaluate your claim before accepting any settlement offers.
Your Claim Exceeds Insurance Policy Limits
Unfortunately, there are many underinsured drivers on Nevada roads. Although a driver may have the minimum amount of car insurance required by law, a car accident that results in serious injuries or multiple claimants can easily exceed a driver’s policy limits.
Let’s go back to our first example of Driver A, who was at fault for rear-ending Driver B. Driver A’s policy includes up to $50,000 in bodily injury or death per person, with a maximum of $100,000 in coverage per accident. Driver B sustains mild to moderate injuries and misses a few weeks of work. They receive $20,000 in property damage liability to replace their vehicle in addition to compensation for their medical bills, lost wages, pain, and suffering, which amounts to less than $50,000.
Driver B’s passenger, who was sitting in the back seat, suffers more severe injuries, including a traumatic brain injury that requires several months of rehabilitation and even longer to get back to work. The passenger also develops post-traumatic stress disorder (PTSD) from the emotional trauma of the accident and is now afraid to travel by car, impacting their ability to maintain their livelihood and live their daily lives.
Between the medical expenses of hospitalization, rehab, follow-ups with neurologists, mental health counseling for PTSD, and a prolonged inability to work, the passenger’s damages add up to far more than $50,000. Because of Driver A’s policy limits, Driver B’s passenger may have to consider other avenues to getting enough compensation for their injuries, such as filing a personal injury lawsuit against the driver.
Get Your Passenger Injury Claim Reviewed for Free
If you or a loved one has been injured as a passenger in a car accident, don’t leave your case up to chance. If you want to secure the full amount of compensation you deserve for your injuries, inability to work, and pain and suffering, having your claim evaluated by a professional is a crucial first step.
At ER Injury Attorneys, we offer free personal injury consultations to help you understand the true value of your claim and all your legal options. If your passenger injury claim has been denied, you’re getting the run-around from the insurance adjuster assigned to your case, or you’ve received a settlement offer that seems rushed or unfair, contact us today for a complimentary, no obligation case review. Call us at 702-878-7878, connect with a LiveChat agent online, or fill out this contact form to request your free consultation.