Can a Passenger Sue a Not-at-Fault Driver in Arizona?
As a passenger in a vehicle, it is important to be aware of your rights in the event of an accident. Whether the accident was caused by the driver or a third party, it is essential to understand the steps you can take to protect your rights and seek compensation for any damages or injuries sustained.
Passengers Have Greater Rights in a Car Accident
Typically, passengers have greater rights than drivers in the event of an accident. This is because passengers are usually not at fault and have no control over the actions of the driver. In contrast, a driver of the vehicle may be partially at fault and considered comparatively negligent, which means the value of the driver’s case is lower than that of the passenger’s.
As a passenger, you have the right to receive compensation for any injuries, pain, and suffering incurred, and any lost wages. This includes hospital bills, doctor visits, and any other medical expenses related to the accident.
To ensure that you receive fair compensation, it is recommended that you seek the guidance of an experienced personal injury attorney who can help you set up the claim correctly.
What Coverage Would Pay for the Injuries to a Passenger?
In Arizona, passengers have the right to file a claim against the at-fault driver’s liability coverage. Additionally, a passenger can file a claim with the driver’s insurance policy, even if they are a family member.
This process is typically done with the help of a personal injury attorney and is usually settled outside of court through an insurance claim, rather than a lawsuit.
The “Per-Accident” Insurance Limits
“Per accident” insurance policy limits refer to the maximum amount of coverage an insurance policy will provide for a single accident. This type of insurance policy sets limits on the total amount of compensation that will be paid out for all claims arising from a single accident, regardless of the number of claimants or the amount of damages claimed.
For example, if a person has a per-accident insurance policy limit of $100,000 and is involved in an accident with multiple passengers, each passenger may only receive up to $100,000 in total compensation, regardless of the extent of their injuries or the amount of damages they incur.
How Do “Per-Accident Limits Affect a Passenger?
Normally, there is not as much of a contest between victims if they are riding in the same car. People riding in the same car may be family members, friends, etc. Therefore, if there is a per-accident policy limits issue, the victims can reach an agreement.
In contrast, often, there are car accident cases where there are multiple vehicles, and some have serious injuries, and others do not. Because all the drivers are strangers, there can be a dispute on who gets how much of the settlement pie.*
*Such a dispute often leads to an Interpleader case. In an Interpleader motion, the insurance company deposits the disputed funds into the court’s registry, and the court determines who is entitled to receive each portion of the pie.
Summary
Mr. Woodfork has a thorough understanding of the legal process and will be able to guide you through the process and help you receive the compensation you deserve. Mr. Woodfork is available to answer any questions you may have and provide the support you need.
In conclusion, as a passenger in a vehicle, it is important to be aware of your rights in the event of an accident. If you are involved in a crash, make sure to understand your rights and seek legal help if needed.
Please contact me if you have any questions.
Derron Woodfork