The Rights of Passengers in Auto Accident Cases

passengers in car accidents can file a lawsuit

Passengers in car accidents are often left grappling with injuries, medical expenses, and the emotional toll of the incident. If you find yourself in this situation, Georgia law gives you the right to file a claim against the driver who was at fault.

This article will delve into what to do if you’re hurt as a passenger in a car crash, and how an Atlanta car accident lawyer can help you obtain the compensation you deserve. Call the Weinstein Firm anytime 24/7 for a free consultation.

Establishing Liability

As a passenger, you are unlikely to be held responsible for the accident. However, establishing liability can be challenging, especially when multiple drivers are involved. If it’s unclear who was at fault, the process of apportioning blame may be prolonged, delaying your compensation.

An Atlanta car accident lawyer can gather evidence and build a strong case. Your attorney might even enlist an accident reconstruction specialist to establish how the accident happened.

Legal Recourse for Passengers

In Georgia, passengers have the right to sue if they are injured in a car accident. Often, it’s possible to settle with the driver’s insurance company outside of court for full and fair compensation.

Insurance Claim

As a passenger, you have the right to file a claim against the at-fault party’s insurance company. This claim can cover medical expenses, lost wages, pain and suffering, and other damages related to the accident.

Insurance companies aim to minimize the payout on claims, so it’s important to have an experienced Atlanta car accident lawyer negotiate your settlement.


If the at-fault party’s insurance company refuses to offer a fair settlement, you have the right to file a lawsuit. The lawsuit can be filed against the at-fault driver, and in some cases, against other parties such as the vehicle manufacturer or a government entity.

What to Do After an Atlanta Car Accident

Seek Medical Assistance

It’s critical to seek medical assistance right away after a car crash. Call 911 and ask for an ambulance if you or anyone else has serious injuries. Even if emergency aid is not required, you must get medical care as soon as possible.

Injuries may not be immediately apparent and can manifest days after the accident. A doctor’s visit will provide the necessary documentation for any future claims.

injured passengers have the right to file a car accident claim

Get Information From Drivers

You should get the contact, vehicle, and insurance details of all drivers involved in the accident. If a driver refuses to provide this information, it can be obtained from the police officer attending the accident scene. You should also ask any witnesses for their contact information.

Obtain a Copy of the Accident Report

You should request a copy of the accident report, which can be used to seek compensation from the at-fault driver’s insurance company for medical bills and other accident-related expenses.

Call a Lawyer

Don’t wait to reach out to a lawyer after a car crash. The longer you wait, the more difficult obtaining vital evidence may become.

Understanding Georgia’s Auto Accident Laws

The Importance of Reporting Car Accidents in Georgia

According to GA Code § 40-6-273, any car accident that results in a fatality, injury, or at least $500 in property damage must be reported to local law enforcement. This is not just a legal requirement, but also a crucial step in the process of claiming compensation.

The police will investigate the accident and create a traffic collision report, which is vital evidence for your claim. This report can help establish who was at fault for the accident, which is a key factor in determining compensation.

Compensation for Passengers in Car Accidents

Victims of car accidents in Georgia are entitled to compensation for their losses, or “damages” as they’re referred to in legal terms. These damages can include medical expenses, pain and suffering, lost income, and other economic losses resulting from the accident.

It’s important to note that compensation is not limited to immediate costs like medical bills, but also includes long-term effects of the accident, such as ongoing medical treatment, rehabilitation costs, and loss of future earning capacity.

Time Limit for Filing a Car Accident Lawsuit in Georgia

The statute of limitations for filing a car accident lawsuit in Georgia is two years from the date of the accident. This means you have a two-year window to file a lawsuit against the at-fault party. If you fail to file a lawsuit within this period, you may forfeit your right to seek compensation. Therefore, it’s crucial to act promptly and seek legal advice as soon as possible after the accident.

Call Our Atlanta Car Accident Lawyers for Help

Passengers in car accidents in Georgia have rights and can seek compensation for their injuries. It’s important to take the right steps after an accident and to understand who is at fault. Remember, you have the right to sue if necessary, but in many cases, a settlement can be reached outside of court.

Our Atlanta car accident lawyers at the Weinstein Firm have recovered millions for clients in Georgia. Contact us today at 770-HELP-NOW for a free consultation.

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