Steps to take as an injured passenger Of a car accident
In the event of a Car Accident in Georgia, it is common knowledge what to do when you are a driver involved.
However, knowing what to do in the case of a car accident as a passenger gets a little confusing.
Being aware of your rights as a passenger is just as important as knowing your rights as a driver.
The steps you as a passenger take after being injured in a Georgia auto accident are crucial, so let's take a look at what you need to know.
Table Of Contents
- Seeking Medical Attention
- Determining Fault
- Filing A Claim Against An At Fault Party
- What if the Accident was the Fault of the driver of the Car I was in?
- What if the other driver was determined to be At-Fault for the Car Accident?
- What if it is Unclear Who is At-Fault?
- Getting Legal Assistance
Seeking Medical Attention
The most important priority after being injured in a car accident is to receive medical attention.
Here you can learn more about injuries typically associated with auto accidents.
No matter how minor you think your injuries may be, getting treatment as soon as possible is important."
Just because you feel fine after a car accident doesn't mean you are fine.
Adrenaline and endorphins that your body releases after the crash may mask the full extent of your pain and injuries.
For example, a soft-tissue injury, such as whiplash, sometimes does not show symptoms for days or weeks following the incident.
That's why it is highly urged by the Attorneys at The Brown Firm to get proper medical treatment, even if you are not experiencing signs of pain or discomfort at the time of the car accident.
In many accidents, the fault, which is the amount someone is responsible for, is not crystal clear.
If this is the case for you, there is a possibility of a long, drawn-out process that attempts to prove who was the more guilty party.
For any accident, there is an investigation into determining which party should be held more responsible.
This investigation consists of police reports, witness statements, and statements from the involved parties.
From the information gathered, insurance adjusters decide whom to assign blame for the wreck.
Luckily, as a passenger, one thing you know for certain is that you are not responsible for the accident.
Related Post: How Do I File a Wrongful Death Lawsuit in Georgia?
Filing a Claim Against the At-Fault Party
You, as the passenger, are not liable for the accident.
It will be either be the fault of the driver of the car you were in, or the other car's driver.
Georgia is an at-fault state.
This means that the party determined to be the cause of the accident is responsible for the damages.
Since you are not a driver involved in the crash but a passenger and are filing under an insurance company that is not your own, this is called a third party claim.
Making a claim is a time-sensitive issue. In Georgia, any injury claim you wish to file must be done within two years.
The clock starts running on the date of the accident.
What if the Accident was the Fault of the driver of the Car I was in?
You do have a legal right to file a claim against the driver's insurance policy despite being in the same vehicle as them.
Typically, passengers do not want to file a claim when the responsible individual is their family member or friend, but their insurance policy will cover it.
It could seem unfair or wrong to file against someone you know; however, it is necessary in order to pay for medical bills and treatment that are the result of an accident they are at fault for."
You should not think of it as filing against them, but instead against the insurance company.
What if the other driver was determined to be At-Fault for the Car Accident?
This is pretty similar to the action of filing a claim if the responsible party was the driver in the same car as you.
In this case, though, it is not as uncomfortable filing against someone you do not know.
Since the accident was due to the other driver's negligence, it is their responsibility to fix the damages - such as injured persons or property damage - that result from the wreck.
What if it is Unclear Who is At-Fault?
If the investigation on determining responsibility is unclear on whose fault it is, then your next step you need to take is to file against both.
In order to file these two claims, you need to obtain insurance policy information from each of the drivers.
If you are dealing with an accident where the driver at fault is uninsured, click here.
Getting Legal Assistance
Being involved in a car accident as an injured passenger can be confusing - call a Georgia PI Attorney at The Brown Firm to learn what steps you should take next.
One of our attorneys will speak to you for free, so we can find out facts of the auto accident and let you know how we will be able to assist with filing a claim as an injured passenger.
To schedule an appointment with one of our experienced Car Accident Injury Attorneys in Georgia, please click on the link below now.