Posted in Personal Injury
Passengers rarely contribute to the cause of a crash, yet they often sustain the same injuries as the people behind the wheel. Many injured passengers may be unsure about whether they can bring a personal injury claim, especially when the driver was a friend or relative. New Hampshire law does allow injured passengers to seek compensation, but the process differs in a few ways from a driver’s claim.
Who Pays for a Passenger’s Injuries
A passenger’s claim is usually directed at whichever driver caused the collision. That may be the driver of the vehicle the passenger occupied, the driver of another vehicle, or both. Fault follows the evidence, not which car the injured person was riding in.
Insurance adds a layer. New Hampshire does not require most drivers to purchase auto insurance, but any policy sold in the state must include uninsured and underinsured motorist coverage, according to the New Hampshire Insurance Department. A passenger may be able to draw on that coverage, and sometimes on a policy in their own household, when the responsible driver has no insurance or too little of it.
When the responsible driver carries no insurance at all, the uninsured driver problem becomes the center of the claim.
Claims Against a Friend or Family Member
Some injured passengers may hesitate if the responsible party was a friend or family member they were riding with. However, concerns are usually misplaced. A personal injury claim is typically made against the responsible driver’s liability insurance coverage; recovery against the responsible person’s personal assets is not usually attempted. Insurance exists for precisely this purpose. Declining to file a claim because of the relationship can leave someone injured through no fault of their own paying medical bills that auto insurance was intended to cover.
What a Passenger Can Recover
The categories of damages mirror those available to an injured driver:
- Medical expenses, both past and anticipated
- Lost income during recovery
- Diminished ability to earn a living going forward
- Pain and suffering
- Long-term care costs when injuries are permanent
A passenger hurt while riding in a company vehicle for work may also hold a workers’ compensation claim alongside the injury claim, and the two claims interact in ways that require careful attention.
When a crash is fatal, the passenger’s family may pursue a wrongful death action instead.
Steps That Protect the Claim
Many of the problems after a collision begin in the first few days, and passengers are just as susceptible as drivers. Here are some common-sense steps to protect your legal claim:
- Seek medical care promptly, even for injuries that seem minor.
- Report the crash to the driver’s insurer and to your own insurer.
- Keep records of every bill, missed workday, and medical visit.
- Avoid recorded statements to an adjuster before speaking with an attorney.
Keep in mind that New Hampshire’s statute of limitations gives most injury claims three years from the crash to be filed. However, in most situations, it is better to act sooner than later.
When fault is disputed between two drivers, each insurer may point to the other and delay payment. Passengers in car accident claims get caught in the middle even though their own conduct is rarely in question.
Why Representation Changes the Outcome
Adjusters tend to view unrepresented passengers as opportunities for quick settlements, which usually means early offers that ignore future treatment. An experienced Manchester, NH personal injury lawyer can identify every available insurance policy, document the victim’s full scope of damages (including pain and suffering), and negotiate with an insurance adjuster to get the best possible settlement.
Passengers also benefit from having one point of contact. A Manchester, NH personal injury lawyer handles communication with multiple insurers, which prevents the injured person from being played against the driver they rode with.
If you were hurt as a passenger in a crash, Welts, White, & Fontaine, P.C. can review the circumstances, explain which coverages apply, and advise you on the course forward. Reach out to our office to discuss your situation.