You Have Rights Even as a Passenger in a Car Injury Case
If you are riding with family or friends, when another driver runs a light and crashes into your vehicle, you may feel you do not have as many rights as the driver. Nothing could be further from the truth.
While they have the right to recover damages from their damaged property, you, too, have many rights as a passenger that you sometimes overlook. Here are a few of those rights and what you must do following an accident.
You Have a Right To Medical Care
You have just as much right to medical care as the driver of either vehicle. You should see a doctor as soon as possible following a car accident, even if you do not feel it is serious. Even low-speed accidents can cause hurt or harm. You may have injuries that will not become symptomatic for several days or even weeks following your accident. Some of these injuries may include the following:
- Whiplash
- Herniated discs
- Spinal misalignments
- Pinched nerves
- Headaches
- Concussions
- Internal bleeding
- Post-traumatic stress disorder
These are just a few—there are many others.
Medical care following your accident will accurately diagnosing your injuries and getting you treatment. It also serves an important purpose to create official documentation you may need later for the insurance company or if you file a personal injury lawsuit.
You Have a Right to Compensation
Even as a passenger in the vehicle, you have the right to receive compensation from the responsible person's insurance policy. You have a right to recover both economic and non-economic damages. Economic damages include the following:
- Medical bills
- Medical expenses
- Lost wages
- Household assistance
- Loss of consortium
Non-economic damages include:
- Pain and suffering
- Emotional distress
- Mental anguish
- Decrease in the quality of life
- PTSD
- Permanent impairments
Because California is a comparative negligence state, you may have to file against both the other driver's policy and against the driver of the car you were in. This requirement may happen if law enforcement deems both drivers have some fault in the accident.
For example, if your friend was also ticketed for an infraction in the accident when the other car sped through the light, the court may find them both at fault. In comparative negligence, the court will assign a percentage of fault to the defendant and the plaintiff. While this award will determine how much the plaintiff can recover, it may mean that you have to file against both.
You Have the Right To Remain Silent
When most people hear that they have the right to remain silent, they think of the Miranda Warning that law enforcement administers after any arrest. But many car accident victims do not realize that you have the right to remain silent following your accident.
Be careful of what you say to the officers, especially surrounding your injuries. They will include anything you say in their report, which will become available to you and the insurance company. If you are injured, be sure to report that to the police at the scene so they can include that information in their report.
Others will want to speak to you following the accident. These people include the insurance adjuster or claims representative. They will want your recorded statement about the accident and your injuries as quickly as possible. You are not obligated to speak with them and should only speak to them after first speaking to your attorney.
The Law Office of Robert Karwin will advise you on what and who to say it to. With more than 20 years of personal injury experience, we will advise you of and fight for your rights even as a passenger in the vehicle. Call us today and schedule an appointment so we can get you the compensation you deserve.
