Can I File an Injury Lawsuit if I Was a Passenger in a Car Accident?
Say you’ve been seriously injured in a car accident of some sort. Depending on your injuries, you may be out of work for weeks or months, you may need a lifetime of medical intervention, or you can only afford your medical bills but not the repairs to your vehicle. It may be all three; it may be more or less or any shade in between. The point is car accidents are incredibly expensive, dangerous incidents that usually require some sort of lawsuit to financially (and therefore literally) recover from.
When you’re a passenger in someone else’s car, you are essentially putting your life in their hands. You rely on their safe driving to get you to your destination, and that is no small ask. Of course, even if they drive safely, another person’s negligence may cause an accident regardless — and you’re just as helpless either way.
Passengers can file personal injury claims against either their driver or another if it meets certain criteria. In Tennessee, for example, you cannot file a claim against someone who lives in the same household as you. There are a few reasons for this, but the main reason is your family should already be listed on your auto insurance (or vice versa), so your coverage is essentially looped in together. If you’re in a friend’s or stranger’s car and they cause a dangerous accident, then you — as the passenger — could go after them for compensation.
When it comes to filing a claim against another at-fault driver, passengers may have a more difficult time, but it is possible with the right legal representation working on the case.
Why would a passenger need or want to file a personal injury claim in Nashville?
The point of personal injury claims is to recover financial losses after someone else’s negligence caused them. It may feel uncomfortable to consider going after a friend or colleague if they cause a dangerous accident, but it’s not about seeking revenge or being greedy. Especially if the driver was engaging in negligent behavior like texting behind the wheel or swerving around, they need to be held accountable. It’s their insurance that pays for your injuries, not them personally (in most situations).
As a passenger in a car accident, you’ll either want to file a claim with your own insurance, the other driver’s, or your own driver’s, and it all depends on the exact circumstances of the accident. Things can get especially challenging if multiple cars are involved, since the more people injured, the more insurance has to cover, and the more likely the company is to fight back twice as hard to avoid paying out claims. Fault matters in Tennessee, and our comparative fault model means the amount of compensation possible depends on how responsible each party is. When you’re the passenger, there’s virtually no way the fault can reside with you – but that doesn’t mean you might not face a fight.
How does ride-share insurance liability work in Tennessee?
With the ever-growing popularity of ride-sharing services like Uber and Lyft, we have more chances than ever to be someone’s passenger. Ideally, those we hire to drive us are the safest drivers of all, but this just isn’t always true. In fact, since ride-sharing was introduced, there’s been around a 3% annual increase in the number of traffic fatalities. Accidents can and do happen no matter who is behind the wheel or who they work for, but who they work for does — somewhat — affect how victims can hold them accountable.
Obviously, you are likely not in the same household as your Uber driver, but filing a claim against them can still be a complicated endeavor. For example, you can really only rely on Uber or Lyft’s insurance covering your injuries if your driver was logged in and picking up or transporting a passenger. If they’re just logged in but waiting for a ride or on their own time, you may need to go after their individual insurance (which is likely not enough to cover all your losses). Even if your driver is obviously responsible and Uber or Lyft should compensate you, they will likely do everything possible to try and avoid accepting that responsibility.
Uber especially considers their drivers independent contractors to shirk as much liability as possible. However, if Uber was negligent in their hiring of your driver, they may and should have to pay for that. An experienced ride-share accident attorney can help prove they either failed to perform a proper background check or make sure their drivers are properly insured, alongside clarifying any other options you may have as a victim.
Seeking compensation after any Nashville car accident
The idea of legally pursuing any entity can be daunting, especially on top of having to recover from painful, debilitating injuries and losses after an accident. But the truth is, it doesn’t have to be frightening for you. When you hire a skilled, experienced Nashville personal injury attorney after a car accident, you’re giving yourself the best chances possible of getting compensation for every damage you suffer. This means any and all medical expenses, lost income, pain and suffering, and more. Whether you’re a passenger or a driver, you deserve to afford recovery after someone else’s negligence causes your injuries.
At Rocky McElhaney Law Firm, our Nashville car accident attorneys know what to do and how to help. We keep you in the loop every step of the way while still providing you the space you need to focus on yourself and your family. Our only goal is fighting for your justice and compensation, and we are proud to be “Gladiators in Suits” for your family. We maintain offices in Nashville, Murfreesboro, Hendersonville, and Clarksville for your convenience, and you can always call us or use our contact form. Just remember, no matter what you do — We fight for you.