If you were a passenger in a car accident, you probably didn’t cause it. You were just along for the ride.
So, if you were injured, who would pay for your medical bills, lost wages, and other damages? Are passengers entitled to compensation after a crash?
Yes, but how that works depends on who was at fault and on the available insurance coverage. Here is what you need to know.
Passengers Can Be Seriously Injured
There is an assumption that passengers are safer than drivers. Unfortunately, that’s not true.
As a passenger, you have zero control over what happens. You’re not steering. You’re not braking. You’re relying on someone else’s decisions, along with the actions of every other driver on the road.
When a crash happens, passengers can suffer:
- Whiplash and neck injuries
- Concussions or traumatic brain injuries
- Broken bones
- Back and spinal injuries
- Internal injuries
- Cuts and facial injuries from airbags or shattered glass
Even in what seems like a minor collision, the force of impact can cause lasting pain. If you were hurt, your injuries are real. And you have the right to seek compensation for them.
Passengers Are Usually Never at Fault
South Carolina follows a fault-based system. That means the person or parties responsible for causing the accident are responsible for the damages.
Unlike drivers, passengers are almost never responsible for causing a collision. That puts you in a different position legally.
If you’re injured as a passenger, you may have a claim against:
- The driver of the vehicle you were in
- The driver of another vehicle involved in the crash
- Both drivers, if they share fault
What Compensation Can You Recover?
If you were injured, you may be entitled to seek compensation for:
- Medical expenses
- Lost wages
- Pain and suffering
- Emotional distress
- Permanent injury or disability
In any personal injury claim, the focus is to make you financially whole. If someone else made a mistake and caused you harm, you can take legal action, so you’re not stuck paying for these losses.
What If the Driver Is a Friend or Family Member?
Unfortunately, this is where things can feel uncomfortable. Many passengers hesitate to pursue a claim because the at-fault driver is someone they know. But you are not suing the person directly; you’re pursuing a claim against their insurance policy.
Auto insurance exists for this reason. If you’ve been injured and have medical bills, lost income, or lasting pain, making a claim against available insurance coverage is not personal. This is a practical way to recover your damages.
What If the At-Fault Driver Has No Insurance?
In some cases, the driver might not have adequate coverage. If the at-fault driver is uninsured or underinsured, you may still have options. You could file a claim under:
- The driver’s uninsured motorist (UM) coverage
- Your own uninsured motorist coverage
- Underinsured motorist (UIM) coverage
South Carolina requires uninsured motorist coverage on auto policies. That can be an important safety net in situations like these. With the help of an experienced personal injury lawyer, they can help identify all possible sources of recovery.
Get Legal Help for Your Car Crash Claim
Are passengers entitled to collect compensation after a car crash in South Carolina? Yes, you have the right to pursue compensation. You were not in control of the vehicle, and you should not have to shoulder the financial burden of someone else’s negligence.
At Truslow & Truslow PA, we can evaluate your options and pursue compensation in your case. You were just there for the ride. You shouldn’t be left paying the price. Schedule a consultation with us today.