Can a passenger file an injury claim after a Texas car accident?
Yes. A passenger injured in a Texas car accident may have a claim against the driver or drivers whose negligence caused the collision. Depending on the facts and insurance policies, the passenger may also need to evaluate other available coverage. Being a friend or relative of one of the drivers does not automatically eliminate the passenger’s potential injury claim.
Who Does an Injured Passenger Make a Claim Against?
That depends on who caused the accident.
If another vehicle’s driver caused the crash, the passenger may have a claim against that driver. If the driver of the vehicle carrying the passenger caused the crash, that driver’s potential liability and insurance may need to be evaluated.
If both drivers contributed, responsibility may need to be allocated between them.
What If the Drivers Blame Each Other?
A passenger should not assume that a dispute between drivers means there is no claim.
Evidence such as crash information, photographs, witness statements, video and vehicle evidence can help determine responsibility.
What If the Driver Is a Friend or Family Member?
This can make the situation personally uncomfortable, but an injury claim often involves applicable insurance rather than simply a personal demand for payment from someone the passenger knows.
The actual insurance policy and facts should be reviewed.
What If the Passenger Has Their Own Auto Insurance?
Depending on the policy and circumstances, a passenger’s own coverage may become relevant. Potential issues can include PIP or UM/UIM coverage.
Do not assume that only one insurance policy can possibly apply.
What Evidence Should a Passenger Preserve?
- Names and insurance information for all drivers
- Crash-report information
- Photographs and video
- Witness information
- Medical records and bills
- Proof of missed work
- Relevant insurance policies
Should a Passenger Give Statements to Both Insurance Companies?
Insurance companies may request information while investigating the collision. Provide accurate facts, but avoid guessing about events you did not observe or making medical predictions.
Your contractual obligations to your own insurer may differ from communications with an adverse insurer.
What If the Passenger Was Injured in a Rideshare?
Rideshare cases can involve additional insurance issues depending on the driver’s app status and which driver caused the collision.
Dallas and Fort Worth Passenger Injury Claims
For local motor-vehicle information, visit the firm’s Dallas car accident page or Fort Worth car accident page.
Frequently Asked Questions
Can I make a claim against the driver of the car I was riding in?
Potentially, if that driver’s legally actionable conduct caused or contributed to the collision and resulting injury.
What if both drivers caused the accident?
Both drivers’ conduct may need to be evaluated, and Texas proportionate-responsibility principles can become relevant.
Can I make a claim if the driver is my relative?
A family relationship does not automatically eliminate a potential claim, although policy terms and other legal issues must be evaluated.
What if I was asleep and did not see the crash?
A passenger does not necessarily need to have personally witnessed every event. Other evidence can be used to investigate how the collision occurred.
Injured as a Passenger in a Texas Car Accident?
The Piri Law Firm can investigate fault and determine which insurance policies and responsible parties may be relevant to the claim.
This article provides general information and is not legal advice. Liability and insurance coverage depend on the facts and applicable policies.
