Car accidents are jarring events that leave everyone involved feeling shaken and uncertain. While drivers can experience significant injuries and property damage, the passengers can also be suffering consequences. That position gives passengers specific legal rights when seeking payment for medical bills and other losses. In some claims, passengers find they can sue both drivers responsible for the harm they suffered.
Can a Passenger Sue Both Drivers in Pennsylvania?
An injured passenger has the legal right to file a claim against every driver who played a role in causing the crash. If two motorists were negligent, the law allows the passenger to seek compensation from both of their insurance policies. This approach is helpful because it provides more coverage to pay for serious injuries.
How Is Fault Split Between Two Different Drivers?
Pennsylvania follows a “comparative negligence” law where a court or insurance company assigns a percentage of blame to each liable party. For instance: If one driver ran a red light while the other was speeding, they both contributed to the accident. Each driver becomes responsible for a portion of the damages based on their specific level of fault. Because passengers usually have 0% fault, they can often recover the full value of their claim.
What if One Driver Is a Friend or Family Member?
It is common for passengers to feel hesitant about filing a claim against someone they know. However, these legal actions are actually directed at the insurance company rather than the individual person. Drivers pay for insurance premiums so that money is available to help people who get hurt in their vehicles.
Does the Type of Insurance Coverage Matter for Passengers?
The rules regarding how much a passenger receives often depend on the insurance choices made before the crash. Pennsylvania uses a “choice no-fault” system where people pick between “full tort” and “limited tort” options. Although limited tort generally restricts the right to seek payment for pain and suffering, passengers are sometimes exempt from these rules. If the person who caused the crash is from out of state, different standards apply.
Who Pays for Medical Bills Immediately After a Crash?
The first source of payment for medical treatment is usually the Personal Injury Protection (PIP) coverage from an auto policy. If the passenger has car insurance, that policy typically pays for the initial hospital visits regardless of who caused the wreck. If the passenger does not own a car, they may receive benefits through the policy of a relative they live with. These funds cover immediate needs while the legal case moves forward.
What Happens if One Driver Has No Insurance?
When an uninsured motorist causes a crash, a passenger may still have options to recover their losses. They can often turn to their own uninsured motorist coverage or the coverage on the vehicle where they were riding. This protection acts as a safety net when the person at fault failed to follow the law regarding insurance. While these situations are frustrating, they do not mean that a passenger is left with nothing.
Can a Passenger Be Found Partially at Fault?
While it is rare, there are specific situations where a passenger might share some blame for their injuries. If a person knowingly gets into a car with a driver who is visibly intoxicated, a court might decide they took an unnecessary risk. Another example is if a passenger interferes with the driver by grabbing the steering wheel or blocking their view. Because these actions are dangerous, they could reduce the final recovery amount.
Let Our Knowledgeable Media Car Accident Lawyers at Eckell Sparks Fight to Protect Your Right to Fair Compensation After a Crash
If you need legal guidance after a crash, contact our Media car accident lawyers at Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. For an initial consultation, call us today at 610-565-3700 or complete our online form. With office locations in Media and West Chester, Pennsylvania, we proudly serve clients in the surrounding areas.