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Can I Claim for Being a Passenger in a Car Accident?

Car wrecks always seem to center around the drivers. What happens to the passengers in these car crashes? Often car insurance companies have strict caps in place for paying out to a passenger even if they were injured.

That’s not a fair system and it puts all injured passengers in a bad spot physically, mentally and financially. We understand that you need help getting the compensation you need. All the while insurance companies are trying to protect themselves and the driver’s are likely doing the same.

Speak with a car accident attorney in Atlanta even if you weren’t the driver in the situation.

Your Case

It’s likely that you have a case ahead of you. As an injured passenger, you do have some rights and that includes the right to compensation for your injuries. It’s not common that insurance companies will offer fair compensation to passengers so you will probably at least make it to mediation if not, a courtroom.

Your case will fall under the umbrella of personal injury law. Depending on the situation you may be up against one, two or even three insurance companies. In some rare cases, you may be put against your friend or family member that was driving or the other driver involved.

Insurance companies in these cases like to turn the tables and try to blame the passenger. Not sitting properly or distracting the driver are common allegations in the last ditch effort to avoid making a payout. These defenses hardly ever hold up, get legal help to pursue your case.

When Noone Wants to Settle

There are times that an injured passenger will fall into some grey area between the involved insurance companies. A case may go to trial to determine which company will pay out for what percentage of compensation.

The issue that takes these cases to trial is often that neither side wants to settle because they believe the other company should pay. In Georgia, there is partial fault where one driver could be 25% at fault and the other driver 75% at-fault. For injured passengers that don’t simply lead to one insurance company paying out 25% and the other 75%. These cases go to trial often and it can be hard for anyone to stand up to two large and intimidating companies.

Passenger Rights – An Auto Accident Lawyer in Georgia Should Cater To You

Every driver promises duty of care to everyone on the road when they behind the wheel. That guarantee passes over to passengers too. Drivers with a license in the State of Georgia essentially promise to abide by traffic and safety laws while also practicing driving best practices and reacting safely in dangerous situations.

This duty of care gives passengers a stack of rights to work with when they are part of a crash. There are a few requirements that passengers must meet such as wearing a seatbelt and not actively distracting the driver.

What is the 50% Bar Rule?

The 50% bar rule ties right back into who is at fault. In Georgia, the driver most at-fault will carry the heaviest burden for compensation. However, there are some limitations that can make this difficult to navigate for passengers.

You cannot go after a driver who is at or below 50% at fault. That means that you don’t have access to their insurance coverage.

In the case that your friend or family member was substantially at-fault, you are likely going to get some compensation from them. Whereas if the other driver was mostly at-fault you’ll likely see some compensation from their insurance provider.

As mentioned above, partial fault or fault that falls into odd percentages can make for a bit of trouble. The 50% bar rule attempts to clear some of that for passengers by eliminating the lesser at-fault driver from the equation.

Fighting these issues is often a struggle that requires legal support.

Contact An Atlanta Car Wreck Attorney Now

Yes, you do have legal options when it comes to being a passenger in a car wreck. But you do need guidance on how and when to talk to which insurance company. Additionally, you probably have a substantial amount of evidence in addition to your medical bills to submit. Have someone at the ready that will defend the often unheard side of the injured passenger.

Speak with the lawyers at The Weinstein Firm for help with your personal injury. When it comes to handling car wrecks you need someone that can stand up against two large insurance companies. Protect yourself, and get legal help for the compensation you need.