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Yes, you could file a personal injury claim if you suffered injuries as a passenger in a Connecticut car accident. Car liability insurance covers all vehicle occupants, including passengers. So, you can sue the at-fault party if you were hurt as a passenger, even if the person at fault was your driver.
However, filing a claim as a passenger differs from filing one as a driver. If you have more questions about filing a passenger injury claim in Connecticut, you can talk to an experienced car accident attorney from Jainchill & Beckert, LLC, in a free consultation.
What Should You Do Immediately After Being Injured as a Passenger in a Connecticut Car Accident?
As a passenger, you should take the following steps immediately after the auto accident:
- Gather evidence at the accident scene – After receiving emergency medical attention, start documenting the scene. Take pictures of the accident site and your injuries, and get both drivers’ contact and insurance information.
- Seek medical attention – Make an appointment with a doctor to evaluate your injuries. You will need a formal diagnosis and copies of medical documentation to file a personal injury claim.
- Reach out to your insurance company – Even though you weren’t involved in the accident, you may want to contact them if you have MedPay coverage to pay for your injuries.
- Contact Jainchill & Beckert, LLC – You can speak with an experienced personal injury attorney in Connecticut. We can help you organize your documents and initiate the insurance claims process against the at-fault driver.
How Do You Prove the Other Driver Is At-Fault for the Car Accident?
One of the main differences between passenger injury claims and driver injury claims is that passengers usually don’t have to prove liability. As a passenger, insurers recognize that you weren’t in a position to contribute to the accident causally. So, you don’t have to prove your lack of fault.
Instead, insurance companies must determine who was responsible by looking for the driver’s negligence. Whichever driver was negligent and at-fault for the accident is liable for your injuries.
What If the Driver of the Car I Was a Passenger in Is Partly Responsible for the Accident?
If both the driver of your car and the other driver share responsibility for the crash, then the responsible parties will share liability. With shared liability in car accident claims, the liable parties (or tortfeasors) are responsible for only their portion of the injuries. Each party is assigned a percentage representing their share of liability, and this percentage determines how much they owe you.
Since there are two liable parties, you would have to file two claims, one with your driver’s insurance company and one with the other driver’s insurance company. Filing two claims may increase the complexity of filing. The two processes might differ, and insurers might not agree on responsibility percentages. Insurers might also disagree about the total value of your losses.
You might be hesitant to file a claim against the driver of the car you were in, especially if they are a close friend or relative. It helps to remember that you aren’t taking legal action against the driver but against their insurance company. In most cases, your attorney can negotiate a settlement with the insurance company without directly involving them.
Does It Matter If I Am Related to the Driver?
No. You can file a claim even if you are related to the Driver.
What Compensation Might I Be Able to Recover for My Car Accident Claim?
Passengers in car accidents in Connecticut can pursue fair compensation for the following losses:
- Emergency medical bills and continuing medical expenses, such as follow-up care, rehabilitation, and prescriptions
- Lost employment compensation, including lost wages (hourly pay/salary), bonuses, tips, commissions, and other forms of income
- Reduced lifetime earning capacity due to permanent impairment or disability
- Pain, suffering, and emotional distress that resulted from your injuries
- Loss of enjoyment or convenience from scars and disfigurement.
What If the Driver Responsible for the Accident Had No Insurance?
If the at-fault driver doesn’t have insurance, you can file a claim through uninsured motorist (UM) insurance instead. UM insurance is mandatory in Connecticut, so your driver’s policy will have UM coverage that pays for your injuries.
If the driver of the vehicle you were in is at fault and lacks insurance, you can instead file a claim through your UM coverage. Depending on the circumstances, you may be able to file a claim through your driver’s UM insurance and your own UM insurance to recover more compensation.
Is There a Time Limit for Filing a Car Accident Lawsuit in Connecticut?
Connecticut’s statute of limitations places a two-year time limit on filing a lawsuit for a car accident. This time limit starts when you sustained your injuries or discovered you had them. Once the two-year time limit expires, you’ll lose your legal claim to compensation and won’t be able to file a lawsuit.
Two years sounds like a long time, but it can take months to build a strong case. Your best option is to contact an attorney as soon as possible. An attorney can start investigating and promptly initiate the claims process, minimizing the risk of delays and payment complications.
Get Help from an Experienced Connecticut Car Accident Attorney
If you have injuries from being a passenger in a car accident in Connecticut, the attorneys from Jainchill & Beckert, LLC, are here to assist. We have over five decades of experience in personal injury law and an established track record of successful car accident settlements and verdicts.
Injured passengers have just as much right as drivers to seek compensation after a car accident, and we can work to protect your interests. You can have peace of mind putting faith in our trusted representation.
Contact us today for a free consultation with a Connecticut car accident lawyer. We can review the facts of your case and your legal options under Connecticut law.
