You do not have to have been behind the wheel to be eligible for compensation as the victim of a car accident in Arizona. As an injured passenger, you have rights. It can be even easier for you to obtain compensation than if you were the driver of the vehicle. In general, you will not have to prove fault or worry about the comparative negligence defense interfering with your right to recover as an injured passenger. You could encounter other issues, however, that make it necessary to hire an attorney.
Filing a Claim With the Other Driver’s Insurer
Arizona is a fault-based insurance state. As such, it will be the responsibility of the at-fault driver to pay for your losses and damages after an auto accident. If the driver of the other vehicle involved in your crash caused the accident, the driver of the vehicle you were in should file an insurance claim with the at-fault party’s carrier. The claim should seek amounts to cover your losses as an injured passenger. If an insurance agent contacts you, be careful what you say. Do not speculate as to fault. If you do not know the answer to a question, do not answer. The other driver’s insurer may try to trick you into hurting your case. As a passenger, however, you should recover compensation regardless of who was at fault.
Filing a Claim Through Your Car Driver’s Policy
If the person driving the vehicle you were riding in caused the crash, demand compensation from that person’s insurer. Ask for the driver’s insurance information after the crash. Call the insurance company when you are in a safe place, after you have received medical care for your injuries. Report your injuries and provide any supporting evidence, such as medical records or bills. Keep the same advice in mind when speaking to any insurance claims adjusters. As a passenger, you should not bear any liability or fault for your injuries in an auto accident and should receive full compensation for your losses. If you are nervous about saying the wrong thing, have a lawyer help you with the insurance claim.
Can a Passenger in a Car Accident Be Considered At-Fault?
It is very rare for the passenger of a vehicle to be at fault for an auto accident. Short of you jerking the steering wheel out of the driver’s hands, it will be difficult to prove that you caused the crash as someone who was not in control of the car. If, however, you knowingly assumed the risks of getting into the car with an unsafe driver, such as someone who had been drinking alcohol, you may forfeit the right to seek compensation for your injuries after an accident. You might not be at fault for the collision, but the insurance company could hold you responsible for your assumption of risk.
What If I Sustained Injuries in an Uber or Lyft Vehicle?
If you were the passenger of an Uber or Lyft vehicle at the time of your Phoenix car accident, you could have grounds to file an insurance claim with the individual driver and/or rideshare company. Most cases will go through the carrier of the Uber or Lyft driver. If the driver does not have enough insurance to cover your losses, however, the rideshare company may use its insurance to fill the gap. You may have to prove the Uber or Lyft driver was logged into the app at the time of your collision to qualify for insurance coverage. Work with a rideshare accident attorney for your best odds of securing fair compensation for your injuries.
What Happens If Multiple Passengers Are Injured in the Accident?
If you were not the only passenger injured in the car accident, you could have a problem obtaining enough compensation to cover the total costs of your medical bills and other losses. A driver’s auto insurance has coverage caps – maximum amounts the carrier will cover per accident, regardless of how many people have injuries. If you have to split this coverage with other injured passengers, you may receive less than what your case is worth. You may then have no choice but to file a lawsuit against the at-fault party to receive fair compensation. A car accident lawyer in Phoenix can help you with all aspects of your passenger injury claim.