Injured As A Passenger In A Kansas Or Missouri Car Accident? Know Your Legal Rights

In this article, you can discover…

• Who is responsible for compensating injured passengers after a car accident.
• Whether you can sue the other driver for your injuries.
• How to navigate situations where a friend or family member caused the accident.

Who Is Responsible For Compensating Passengers Injured In A Car Accident?

Whichever party’s negligence caused the accident is the party who is responsible for a passenger’s injuries. This negligent party can be sued, whether they’re the driver of the vehicle you were in or the driver of the other vehicle. Ultimately, the negligent party’s insurance company is the one who will be paying for those damages.

In one case I handled, a client was picked up by a friend. Unknown to my client, this friend had been drinking and got into an accident with my client in the passenger seat. This negligent friend was responsible for my client’s injuries (which included a closed head injury), and we were able to obtain maximum compensation from her insurance company.

Can Both Driver And Passenger Sue The Other Driver After A Car Accident?

Yes, if the other driver caused injury to both yourself and the driver of the vehicle you were in, both of you can file a suit against that party. Most policies have “per person policy limits” and “per accident policy limits”, however. For example, a “100 / 300” policy will pay up to $100,000 for each injured party or up to $300,000 total for the accident.

This means that if two people are injured and they max out that policy, they will each receive $1000,000. If four people are injured in that accident and they max out that policy, $300,000 is available to compensate all four people. Determining how that amount will be divided can be established with the help of an attorney.

Attorney Darren Fulcher is a compassionate, skilled car accident attorney serving Kansas and Missouri. Since 1998, he’s helped injured passengers just like you sue for damages, helping them get the medical treatment, compensation, and justice that they deserve.

Have questions, or in need of legal guidance? Reach out to The Fulcher Law Firm for an initial consultation today.

Call For A Free Consultation - (816) 203-0005

Should A Car Accident Passenger Hire Their Own Personal Injury Attorney?

It really depends on your situation. In many cases, there may be a conflict of interest if an injured driver and an injured passenger both use the same attorney. If there is not enough insurance to cover both of your injuries, your interests will be opposed. In this case, your shared attorney must make sure that you understand the potential for conflict and have you sign an acknowledgment of that conflict.

How Should I Approach Pursuing A Claim When My Friend Or Family Member Was At Fault?

While it may feel uncomfortable to pursue a claim against a friend or family member, to be frank, this is what insurance is for. Insurance exists to compensate people when another person’s negligence causes harm. Insurance companies would love to guilt-trip people out of filing claims so they don’t have to pay out what they contractually owe you, but you have a right to seek compensation.

While your friend or family member didn’t mean to cause an accident, you do deserve to get the treatment you need, seek damages, and be made whole.

Still Have Questions? Ready To Get Started?

For more information on passenger injury in Kansas and Missouri car accidents, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (816) 203-0005 today.