Do Passengers Have Rights in an Accident?

If you have been injured while a passenger in a motor vehicle, our lawyer can help protect your rights.

As a passenger in a motor vehicle, whether you are riding alongside your friend, a co-worker, or a member of your family, you are probably not thinking too much about the risk of being involved in an accident. But thousands of accidents occur every year, many of which cause serious injuries to drivers and passengers alike. As such, if you are involved in a car accident in Edinburg while you are a passenger, it is important that you understand your rights.

Passengers’ Rights in a Texas Car Accident

When a passenger is injured in a car accident in Texas, one thing is almost always true: The passenger was not to blame for the crash. Because Texas is an at-fault car insurance state in which drivers who cause accidents are required to pay for the damages that result, an injured passenger maintains the right to file a claim directly against the at-fault driver’s insurance company or file a lawsuit against the at-fault driver.

Insurance Coverage to Pay for Passengers’ Injuries

There are numerous types of insurance coverage that may apply and provide compensation to a passenger who is injured in a crash. These include:

● The at-fault driver’s bodily liability coverage: All drivers in Texas are required to carry bodily injury protection coverage. If a driver causes an accident, this coverage pays for injuries suffered by any victims of the crash, including passengers.

● The driver’s medical payments coverage: Medical payments coverage pays a driver’s and their passengers’ medical bills regardless of fault in an accident. If you carry medical payments coverage on your own record, even if you were acting as a passenger at the time of the crash, you can file a claim with your own insurance company.

● The driver’s Personal Injury Protection (PIP) coverage: Like medical payments coverage, PIP coverage applies regardless of fault. This also covers medical expenses, but also pays for lost wages and other non-medical costs.

● Your own health insurance: If you are in an accident and require medical care, your own health insurance coverage should kick in and cover your medical bills.

Can I File a Lawsuit?

Yes — as stated above, you maintain the right to file a lawsuit if you have been harmed in a crash. However, note that filing a lawsuit is usually a last-resort option that should only be pursued if other dispute resolution methods have failed. Fortunately, our lawyer is a skilled negotiator who will aggressively represent your best interests and work hard to get you the compensation award that you deserve.

Call the Law Office of Raul A. Guajardo, P.L.L.C. Today