404.The.Baer (404.843.2237)
Have You Been Injured While Traveling In Someone Else’s Car?
Motor vehicle crashes are Georgia’s leading cause of injury deaths and the second leading cause of Georgia’s hospitalizations and ER visits, according to Georgia’s Department of Public Health.
Many of those injured are passengers. Injured passengers often face a maze when trying to recover for injuries with multiple insurers pointing the finger at one another. It can get even more complicated if one of the vehicles involved is a rideshare vehicle for Uber, Lyft, or one of the growing number of food delivery services. Not knowing who to file a claim against or managing multiple claims adds additional stress to an already traumatic experience.
The good news is there is help. An experienced Atlanta car accident attorney can help navigate the complexities of the case and identify all available sources to help you recover. That being said, here is some helpful information.
A claim may be filed under the car insurance policy of the person you traveled with or the individual driving the other vehicle — it simply depends on who is at fault. In addition, if you have your own insurance policy, you may be able to file a claim through them. Even though you weren’t in your vehicle, it is wise to report the wreck to your automobile insurer. You may have medical payments coverage and/or underinsured motorist coverage that would apply to the wreck. Reporting that you were a passenger in a wreck HAS NO IMPACT ON YOUR INSURANCE PREMIUMS. Failing to timely report a wreck could jeopardize your ability to recover funds needed to pay medical bills. Better to be safe than sorry.
The insurer of the vehicle which is at fault for the wreck is first in line to pay. Unfortunately, even in the most straightforward of cases, the insurance companies involved tend to have their own view and understanding of obligations.
Injured Passenger Compensation
According to Georgia law, if you were injured by another party’s wrongdoing or negligence in a car accident, you may pursue compensation from the at-fault party for the following:
- Past and future medical expenses
- Past and future pain and suffering
- Damage to property
- Loss of wages
- Reduction in earning capacity
- Mental and emotional distress
- Loss of consortium/loss of intimacy
This compensation is referred to as economic and non-economic damages and is intended to:
- Fix what can be fixed,
- Help what can be helped, and
- Make up for what cannot be fixed or helped
Economic and Non-Economic Damages
Economic damages are all expenses and costs associated with a case. When I hear the phrase “economic damages,” I think of damages intended to “fix what can be fixed.” Examples include medical expenses, prescription drug costs, lost wages, or money spent to cover breach of contract. Economic damages are also intended to “help what can be helped.” Examples may include money for future care or money to buy a new piece of medical equipment.
Non-economic damages are to “make up for” the pain and suffering the victim experienced because of another party’s wrongdoing or negligence. Examples include physical pain and suffering, emotional distress, loss of life enjoyment, or loss of companionship. These damages are more challenging to value.
As there is no cap on non-economic damages in Georgia, a lawyer can be very assertive when seeking compensation for this type of loss from insurance companies.
If the Driver is a Friend or Relative
Suppose you were a passenger in an accident. The at-fault party was a friend, family member, co-worker, or acquaintance. And because of your relationship, you do not want to pursue a lawsuit against them. These situations can be extremely uncomfortable. However, they do not have to be. A claim is pursued against the at-fault party’s insurance carrier, not the friend or family member directly. Often these claims are resolved before a suit is ever filed.
That said, family member immunities under Georgia law may bar a claim and certain insurers have exclusions that apply as well, adding to the complexity.
For instance, a minor cannot bring suit against his or her parents for injuries resulting from a negligent act. Thus, if a minor child is hurt because his dad ran a stop sign causing an accident, the child would likely not be able to recover under his dad’s automobile liability policy.
Furthermore, many insurers have exclusions that apply even if the son/daughter is no longer a minor and no longer lives at home. In such a case, an injured adult child may be able to recover from his or her own uninsured motorist policy.
Suffice to say, especially in severe injury cases, it is wise to hire an experienced personal injury attorney to help navigate this complicated landscape. Hiring a lawyer allows you to focus on what you need to do to get better.
Uber or Lyft Passengers
Passengers of Uber or Lyft involved in a crash should consult an attorney as soon as possible. There will likely be many parties involved including the rideshare company and their insurance company. An attorney will help navigate through this complication. Perhaps more importantly though, insurance rules related to this industry are confusing and continue to evolve. An experienced attorney will know the latest rules as the extent of insurance coverage varies depending on the circumstances.
Uber and Lyft drivers are independent contractors of the ridesharing companies. Most drivers use their personal vehicles. However, more and more drivers are leasing vehicles from third parties and then using those vehicles to accept Uber, Lyft, and other rideshare requests.
Ridesharing services like Uber and Lyft typically carry third-party liability insurance coverage of up to one million dollars per accident. When a party who drives through a rideshare service causes a wreck, typically the insurer of the rideshare will be the primary insurer. However, this is often not on the police report and requires some investigation to determine who the appropriate insurer is. In a rideshare scenario, the at-fault driver’s personal insurer is frequently not available as coverage is excluded on the driver’s personal policy when driving “for hire.”
If you are a passenger in a vehicle that is hit by a rideshare driver, there can be additional confusion. Which insurer is responsible often depends not only on who is ultimately determined to be at fault but also whether the at-fault driver was actually “engaged” as a rideshare driver. In other words, whether the driver had the app on and was open to accept rides versus actively transporting a person or good (such as food) when the collision occurred.
When multiple parties are involved in ridesharing accident cases, there can be an increased level of dispute about who is responsible for paying damages to injured passengers.
An Experienced Attorney Can Help
As the victim of a car accident in which you were a passenger, you may feel hopeless and without any control over the situation; however, you have options and the right to pursue compensation.
Whether you have been injured as a result of one driver’s negligence, an accident involving multiple vehicles, or an accident involving a rideshare service, you should contact an experienced Georgia personal injury attorney.
The Baer Law Firm has handled hundreds of cases for people seriously injured in car accidents and has the expertise to obtain the results victims deserve. If you were seriously injured as a passenger in an accident, we encourage you to contact our office at The Baer Law Firm or call us at 404.THE.BAER (404.843.2237).
Attorney Bryan Baer has twenty (20) years of legal experience representing clients in serious and catastrophic personal injury and medical malpractice cases. He has been first chair in more than a dozen twelve-person jury trials on both the plaintiff and defense sides. Recognized as a leader in his legal community, he is frequently asked to speak at legal seminars on trial topics ranging from “Best Practices in Voire Dire” to “Maximizing Damages at Trial” as well as insurance issues such as “Navigating the Insurance Landscape” and “Injury Demands & Negotiations.” Learn more here.