Augusta Premier Personal
Injury Attorneys

Recovering Compensation as a Passenger in a Car Accident

September 22, 2021Car Accident

Car accidents can result in severe physical, financial, and emotional hardship for all parties involved, including drivers, pedestrians, and passengers. If you are injured in a car accident as a passenger, you have the right to hold the at-fault driver accountable and recover compensation to pay for your losses. In these situations, it is important to have an attorney on your side who can guide you through the litigation process and secure the compensation you deserve.

Georgia Car Insurance Requirements

Like most states, Georgia follows a fault-based system when it comes to car accidents. Drivers who are responsible for these collisions must pay for their victims’ losses. To uphold this financial obligation, all Georgia drivers must carry the following amounts of liability insurance.

  • $25,000 for the injury or death of one person per accident
  • $50,000 for total injuries or deaths per accident
  • $25,000 for property damage per accident

Motorists have the right to purchase higher amounts of coverage if they wish. They may also invest in additional policies, such as uninsured motorist insurance, to cover their losses in case of an unexpected event. 

Legal Options for Injured Passengers

As a passenger in a car accident, you have the right to hold a negligent motorist accountable through a car accident claim and recover compensation for the losses you sustained in the accident. These damages may include past and future medical expenses, lost wages, property damage, and pain and suffering. 

If you are injured in a collision that was not your fault, you have three main pathways to recover this compensation. 

  • You can file a personal injury lawsuit against the at-fault driver in Georgia civil court.
  • You can file an insurance claim under the at-fault driver’s policy. 
  • You can also file a claim under your own insurance policy, provided that you have the appropriate coverage. 

A Georgia car accident attorney can evaluate your claim and help you identify which pathway is right for your case.

How to Prove a Car Accident Claim as an Injured Passenger

As an injured passenger, your path to recovery will be very similar to how drivers, pedestrians, cyclists, and other injured parties secure compensation. During the insurance or lawsuit process, you will need to supply sufficient evidence that the at-fault driver caused the accident.

When you file an insurance claim, a company representative will investigate the collision and review evidence from all relevant parties. At the conclusion of the case, the representative will decide whether you are eligible for compensation and how much your award should be. You and your attorney will need to supply evidence and engage in negotiations with the company to reach a sufficient outcome.

During the personal injury litigation process, you will need to provide enough evidence to support the following four facts.

  • The at-fault driver owed you a duty of care. All drivers have a duty to follow traffic laws and drive safely.
  • The at-fault driver breached his or her duty of care through a negligent act or failure to act.
  • The at-fault driver’s breach of duty caused your accident and resulting injuries.
  • You sustained damages in the accident that you can claim in your lawsuit.

An Augusta car accident lawyer can help you gather the evidence you need to establish each of these elements and build a strong case for your right to compensation. As soon as possible following your accident, contact an attorney to discuss your case and strategize your optimal path to maximum recovery.