This is a tricky situation, and the answer to this question is both yes and no. Everything depends on whose fault was for causing the Huntersville car accident, and naturally, what your relationship with the passenger is.
Also, this depends on the laws of the state where the accident occurred.
First of all, passengers cannot have fault for an accident. This is why it is easier for them to file a claim after an accident, and they usually will get it.
However, these cases are never simple. Your Huntersville car accident attorney will know every potential complication for such cases.
Determining Liability in a One-Car Accident
If there were no other vehicles included in the accident while you were driving with a passenger (you hit a tree or a traffic sign, let’s say), then you are liable for the crash. Your passenger in such a case can file a claim against your insurance company. If their claim is approved, your insurance company will pay damages to the passenger. These compensations cover medical bills and lost wages.
Since it is your fault for the accident, your insurance premiums could go up as a consequence. Some insurance companies would have options such as “forgiveness” if this was the first time you caused an accident. Make sure you check this with your insurance company.
But, if the liability is not yours (in cases like quick turn or stopping because someone or something crossed the road), you might not be responsible for the accident. In such a case, your passenger won’t be able to file a claim against your insurers.
The Passenger is a Relative or Friends
If this is the case, then they cannot file a claim against your insurers. This especially goes if the vehicle is owned by both you and your passenger. Married couples are considered as one entity; therefore, the passenger cannot file the claim.
Insurance companies don’t allow spouses or family members to file a claim against the driver’s liability policy. The main reason for such a policy is to prevent fraud. If a spouse decides to sue their partner after an accident, it is possible that some couples could get into accidents solely to get compensation money from insurance companies.
Filing a claim against a family member or a friend is a difficult process, but you, as a driver, should know that they are not doing this against you. They are filing a claim against your insurers, so there is nothing personal in this process.
Patients can end up with severe injuries, and it could cause them serious health issues and even permanent handicaps. These people need money to cover their medical bills and lost wages; the money they will get is only a small part to help them with their troubles.
Liability in a Multiple-Vehicle Accident
If you were involved in a collision of several vehicles, then one or more drivers are liable for it. One driver can be at fault for the entire accident, as well; in some cases, the liability is divided in percentage among every driver included in the accident.
In this case, your passenger can file a claim against the driver(s) who hold the fault. The passenger can get compensation from every driver based on the percentage of their fault. Let’s say you have 10% fault in the accident; the second driver has 30%, and the third driver 60%; you would pay ten, the second driver will pay thirty, and the third driver will pay sixty percent of the damages to the passenger.
Determining liability in motor accidents is never easy, especially if it has to be done in percent. The drivers have insurances, and their companies will do their best to put the smaller fault on their driver. The result can be long negotiations. This is why it’s smart to have a personal injury lawyer by your side.
Your lawyer will investigate the accident (with police reports, photos, witnesses, camera footage, vehicle’s blackbox, and so on). The attorney will do their best to negotiate with the insurance companies.
If you were involved in a Huntersville car accident (it does not matter if it was your fault or not) and were injured, feel free to call us. We are a personal injury law firm and are here to help you get your compensation.
We are a team of personal injury lawyers who stand up to the insurance companies and do our best to help you get the compensation you deserve. Call today and schedule your first free consultation.