If a driver who is hurt in a motor vehicle crash wants compensation, then it is up to him or her to show that someone else (usually another driver) was more at fault for the crash than they were. If a passenger gets injured, however, it is pretty clear that he or she is not at fault. The passenger has only to show which driver is to blame. In this way, a passenger's injury claim is much more straightforward and likely to succeed, and he or she can secure the compensation they need for medical costs and missed income. On the other hand, a lot of the process is out of a passenger's hands, making things tricky.

If a passenger is injured in a single-car crash, then it will almost always be the driver's fault, and a claim can be filed against the driver's insurance. If, however, a manufacturer can be faulted for a defective part, or if an animal darts out into the road, then the hurt passenger could direct their injury claim against someone else.

If a passenger is injured in a two-vehicle accident, then the passenger can file a claim against each of the drivers—usually speaking. If it was a rear-end crash, however, then clearly only the driver in back is at fault, and the passenger can file against that driver. The same response would apply to any accident where it is obvious that only one driver is responsible for the crash.

Settling a Car Crash Settlement when a Passenger Has an Injury Claim

Once the passenger has reached maximum medical recovery, then they know exactly how much their medical costs total up to, and they can settle their claim(s). If more than one driver is at fault, then the passenger would likely get a percentage of compensation from each driver.

For example, if a passenger has sustained $100,000 in damages, and one driver is determined to be 60 percent at fault, while the other is 40 percent at fault, then the one driver would pay $60,000, while the other would cough up $40,000 to the injured passenger. Sometimes, that is simple enough. Other times, both drivers can complicate things. If the drivers will not agree to a settlement, or both drivers think they are only 25 percent at fault, this can drag matters out for everyone involved.

What if multiple passengers are involved in the car accident claims?

This can also complicate matters. For example, if there are four passengers going after the same driver, then the driver's policy limit might not be enough to cover each passenger's damages. In that case, the passengers would have to split up whatever compensation the driver can offer, and in that way passengers might not get what they actually need. If not all the parties involved agree to the settlement, then the case might have to go to a lawsuit and trial.

For more about your legal rights and options for compensation after a crash, talk to a car accident lawyer about your case today.