What if I Was Injured as a Passenger in an Auto Accident?

If you were hurt while riding in someone else’s car, you still have the right to seek help with your medical bills, lost income, or other accident-related costs.

Injured passengers are often eligible to file a claim through one or more insurance policies, even if the driver who caused the crash was a friend or family member. If the crash was considered a car accident under Tennessee law, you can still take steps to protect your rights. Reach out to our skilled Nashville car accident lawyer for a free consultation today.

Determine Whose Insurance Might Apply to Your Injuries

As a passenger, your path to compensation often looks different than it would for a driver. You are not the one behind the wheel, but you still have the right to seek help with medical costs, time off work, and other losses tied to the crash.

Depending on what happened, you might be covered under more than one policy. This is usually one of the first things to figure out after a car accident, especially when more than one driver was involved.

When the Driver of Your Vehicle May Be at Fault

This situation is common, especially when you were riding with someone you know. If the driver of the car you were in caused the crash, their insurance may be used to help pay for your injuries. These claims can feel uncomfortable when family or friends are involved, but you are still allowed to use the coverage that exists. Don’t feel bad about filing a claim under a friend or family member’s insurance policy.

They have the coverage for a reason, and most of the times they would rather you file a claim under their insurance, than to be personally responsible for damages out of their own pocket.  Some policies may have limited benefits, so it helps to know early on what is available.

When Another Driver Caused the Crash

In some cases, fault lies with a different driver, such as in a multi-car collision or an intersection crash. If someone else caused the accident, their insurance may be responsible for covering your injuries. Sometimes, both drivers share the blame, and your claim may involve more than one company.

If another driver caused the wreck, but is uninsured, or flees the scene of the wreck, then the uninsured motorist coverage of the vehicle you were a passenger may be applicable. Identifying who is responsible can take time, but it is something your legal team can help you handle.

Take the Right Steps to Protect Your Health and Documentation

Even as a passenger, your injury claim starts the moment the crash happens. What you do in the hours and days afterward can shape how everything plays out. Treat your medical care seriously, keep your records in one place, and write things down while they are still fresh.

This applies whether you were in a motorcycle accident, hit by a drunk driver, or suffered a traumatic brain injury, the steps are the same. Here are a few ways to protect your health and strengthen your case:

• Get examined by a medical provider, even if you do not think you are seriously injured.
• If you start having increased pain, or the pain does not dissipate after a few days, then seek follow-up care through your primary care physician, or an urgent care.
• Keep all medical records, test results, prescriptions, and treatment notes in one folder.
• Ask for the names and contact information of all drivers, witnesses, and first responders.
• Take photos at the scene, report any new symptoms, and track all expenses.
• Save insurance letters, emails, and any paperwork tied to your crash.
• Make a note of how you are feeling emotionally and mentally in the days after the accident.

How Tennessee Law Addresses Passenger Claims

Tennessee law gives passengers the right to seek compensation when they are hurt in a crash, even if they were not behind the wheel. This part of the law exists to protect people who had no control over what happened but are now left with the consequences. In some situations, like those involving traumatic brain injuries, the impact can be serious and long-lasting, and the law makes space for that.

Under Tennessee Code § 55-10-107, drivers involved in a crash are required to report the accident, and that documentation helps support any passenger claim that follows. While most passengers are not considered at fault, there are rare cases where fault is shared. That could happen if someone knowingly got into a vehicle with an impaired driver or refused medical treatment after the crash. This is why consulting with an experienced personal injury attorney in Nashville, TN is so important.