Getting injured as a passenger in a car accident can be a terrifying and confusing experience. Whether you were riding with a friend, a rideshare driver, or in a taxi, knowing what steps to take is important. Acting fast can make all the difference in protecting your health, your rights, and your potential insurance claim or lawsuit.
In this article, we’ll guide you through the essential steps you need to take if you’re hurt as a passenger. We will also explain your rights under personal injury law and show you why having an experienced attorney by your side can make a fast and meaningful difference in the outcome of your case.
Step 1: Call 911 and Get Medical Help
Your main priority after being injured in a car accident should be your health, so seek medical attention right away. Call 911 or ask someone at the accident scene to do so for you if you’re unable.
A police report will provide an unbiased record of the motor vehicle accident. Make sure to tell the officers that you were a passenger and explain any injuries you are experiencing.
Even if you don’t feel seriously injured at the scene, it is important to get immediate medical attention. Some injuries, such as whiplash, internal bleeding, or concussions, may not be immediately apparent but can become serious if left untreated.
An evaluation by a medical professional protects your well-being. This also creates a clear record linking your injuries to the car crash, which is a critical factor in any personal injury claim.
Step 2: Gather Evidence at the Accident Scene Fast (If You Are Able)
Information can disappear quickly after an accident – witnesses leave, vehicles are moved, and crucial details are forgotten. Acting fast to document the scene helps preserve evidence that can strongly support your claim later.
If you are physically able to, start collecting evidence at the accident scene:
- Take photos and videos of the vehicles, road conditions, traffic signs, injuries, and anything else relevant
- Get the names, contact information, and insurance information for all drivers involved
- Obtain witness information if any bystanders saw the accident
- Record your own account of what happened while the details are still fresh in your memory
The more information you secure early, the stronger your position will be when negotiating with insurance companies or presenting your case in court.
Step 3: Understand Liability as a Passenger
In most car accident cases, passengers are considered innocent victims. Usually, the at-fault driver is held liable for the collision. As a passenger, you are typically not responsible for the accident unless you contributed to it in an unusual way (for example, interfering with the driver).
Understanding how fault and liability are determined and how they affect your options is important.
When pursuing compensation as a passenger, here are a few things to keep in mind:
- Multiple at-fault parties: If more than one driver shares blame, the parties may need to file car accident claims against multiple insurance policies
- Family member drivers: If you were riding with a family member who was at fault, certain insurance policies may have restrictions that complicate your ability to file a claim
- Contributory negligence: In rare cases, if your actions contributed to the accident or exacerbated your injuries (such as not wearing a seat belt), your financial compensation may be reduced
Step 4: Review Insurance Claim Options
As an injured passenger, you may have several options for filing an insurance claim:
- Filing against the at-fault driver’s insurance policy: If the driver of the vehicle you were in was at fault for the car accident, you can file a claim against that person’s liability insurance carrier. This should cover your medical expenses, lost wages, and pain and suffering.
- Filing against both insurance policies: In cases where both drivers share fault, or if one policy’s coverage is insufficient to cover your damages fully, you may take fast steps to pursue claims against both policies. For instance, your personal injury protection (PIP) coverage could make quite a difference in your case.
- Utilize personal insurance: In some instances, you may also use your own coverage. For example, if you have MedPay as part of your own auto insurance policy, it can cover your medical bills regardless of who was at fault. Additionally, if the at-fault driver is uninsured or underinsured, you may file an insurance claim through your own UM/UIM coverage.
Step 5: Avoid Making Statements to Insurance Adjusters
You might be surprised how fast insurance adjusters reach out to you after a car accident. You might hear from them within a day, asking for a statement about what happened and your injuries.
It is crucial to avoid giving recorded statements or discussing details without consulting a car accident attorney first. Adjusters are trained to gather information that could be used to minimize your compensation. Even innocent remarks can be twisted against you later.
Always remember: You are not obligated to speak to the other driver’s insurance company at all. Handle all communications through your lawyer when possible.
Step 6: Keep Track of Your Expenses and Losses
Another important thing you can do after an accident is to track all your expenses and losses carefully.
These include:
- Medical expenses (doctor's visits, physical therapy, prescriptions)
- Lost wages from time off work
- Transportation costs to and from medical appointments
- Out-of-pocket expenses (medical care devices, home modifications)
- Pain and suffering
It is recommended that you document everything you can in real time. This means keeping receipts, invoices, pay stubs, and notes about how your injuries are affecting your daily life.
Gathering this information fast and keeping it well organized will strengthen your claim and help you seek compensation.
Step 7: Avoid Posting on Social Media
In today’s world, many people are on some type of social media platform. It may be tempting to post about your injuries after your car accident. However, you should exercise caution.
Anything you post can potentially be used against you by insurance companies or defense attorneys. Even an innocent photo or casual comment about “feeling okay” could be twisted to downplay your injuries.
We suggest staying off social media or, at the very least, refraining from posting anything related to the accident, your injuries, or your recovery. In legal matters, things can move fast, and the wrong post at the wrong time could do major harm to your case.
Step 8: Follow Your Doctor’s Instructions Carefully
Failing to follow medical advice can harm your health and your legal claim. Once you have seen a doctor, follow the recommended medical treatment plan carefully.
This means:
- Attending all follow-up appointments
- Doing recommended physical therapy
- Taking prescribed medications
- Following any activity restrictions
Insurance companies and defense attorneys will look for any gaps in medical treatment or noncompliance to argue that your injuries aren’t as serious as you claim. Following your doctor’s orders proves you are committed to healing and strengthens your claim.
Step 9: Keep a Personal Injury Diary
Keeping a daily journal of your recovery process can be extremely valuable.
Record details such as:
- Pain levels
- Emotional impacts (such as anxiety, depression, or post-traumatic stress disorder (PTSD) symptoms)
- Limitations on your daily activities
- Missed work or school
- How your injuries affect your daily life
Personal testimony about how your injury has affected your life can provide compelling evidence of the accident’s impact when negotiating a settlement or presenting your case in court.
Step 10: Contact a Car Accident Lawyer
Navigating the aftermath of a severe car accident can be overwhelming, especially when facing medical bills, lost wages, and pain.
An experienced personal injury attorney will:
- Evaluate your case and explain your options
- Identify all potential insurance coverages
- Gather and preserve evidence
- Handle all communications with insurance companies
- Negotiate for the highest possible settlement
- File a personal injury lawsuit, if needed, to seek fair compensation
Don’t try to navigate the legal process alone. Acting fast and getting legal advice ensures that you don’t miss important deadlines and that your case starts strong from the get-go.
Injured in a Car Accident? Contact “The Fast Firm” Today
At Gould Injury Law, we understand the frustration that can come with trying to navigate the claims process as an injured passenger. You may be dealing with multiple insurance companies, unclear fault issues, and settlement offers that undervalue your injuries. Hiring a skilled personal injury lawyer fast ensures that your rights are protected and that you pursue the full compensation you deserve.
Our law firm believes that all accident victims have a right to skilled legal representation. For this reason, we accept all car accident cases on a contingency fee basis. This means you do not pay any upfront fees. We only get paid if your case is successful.
If you or a loved one has been a passenger injured in a car accident, don’t wait. Call Gould Injury Law at 888-WIN-FAST or complete the contact form today for a free consultation. We know how to move fast to move you through the claims process efficiently and fight for justice on your behalf.
