Injured in a Car Accident as a Passenger – Who is Liable?

AUTHOR: A.J. Bruning | September 14, 2015
Injured in a Car Accident as a Passenger – Who is Liable?

Passenger occupant vehicles such as cars, minivans, and SUVs account for the largest portion of motor-vehicle accident related deaths each year.1 Sustaining a serious injury during a car accident is not limited to the driver of a vehicle, since every individual is at risk for injury or death when involved in an automobile accident. When a passenger is injured in a car accident there are multiple ways to seek compensation for medical bills and other losses, beginning with seeking the advice of an experienced personal injury attorney.

Car Accident Passenger Claims in Missouri

The biggest difference for a passenger who is filing a personal injury claim is that there will often not be the same dilemma over liability. Issues of liability for causing an accident are usually reserved for the drivers who were actually behind the wheel.2 The personal injury claim will require proving that one of the drivers was at fault and that there was damages.3 The claim can be filed against the drivers’ insurance policies or with a passenger’s own driver’s insurance carrier.4 The at-fault driver may have been in another vehicle or could have been the driver in the vehicle the passenger was traveling in for a claim to be filed against one of the drivers. If the at-fault driver was the driver of the vehicle the passenger was traveling in then the claim can become contingent on the relationship to the driver, because a passenger who is injured and related to the driver is considered to be an injured person under liability insurance and prevented from recovering under their own coverage.5 In a case with potential joint liability or inadequate insurance coverage, a passenger can file a claim against both drivers.6

Complications to Third Party Insurance Claims in Missouri

Anytime a claim is filed under an insurance policy that is not your own it is considered a third party claim, as would occur when a passenger files a claim against an at-fault driver.7 Even though a passenger under these circumstances is not at-fault for the accident, there are still issues and complications that can arise when filing the personal injury claim. This type of claim still requires significant proof of damages in order to support the dollar amount you are claiming such as medical bills and police reports.8 Unlike a claim against your own insurance company, a third party claim filed by a passenger does not involved a contractual obligation between you as an injured party and the insurance company.9 This means that sometimes investigations and determining compensation can be a longer process, complicated by the red tape and number of hoops a passenger has to jump through in order to financially recover for injuries. This is especially difficult in a case where there is a dispute over fault between the different drivers involved in the crash resulting in outside interviews, independent medical examinations, and extensive reviews of records.10

Contact an Experienced St. Louis Car Accident Lawyer for a Free Consultation

If you have been injured in an auto accident, when you were a riding in a vehicle as a passenger, you have a right to seek compensation for the injuries and losses you suffered. In order to do this, it is important to discuss the circumstances of the crash with an experienced auto accident attorney who can help you to determine what claims should be filed and protect your legal rights and interests. To contact an auto accident attorney for a free consultation please feel free to call the The Bruning Law Firm trial attorneys at 314-735-8100.

LET US GET STARTED ON YOUR ST. LOUIS CAR ACCIDENT CASE TODAY

If you or someone you care about has been seriously injured in an auto accident, contact The Bruning Law Firm today. We provide the comprehensive, professional legal representation you deserve at a time when you need it most.

Call or contact our office online today to schedule a free consultation.

References:

  1. http://www.iihs.org/iihs/topics/t/general-statistics/fatalityfacts/passenger-vehicles
  2. http://www.alllaw.com/articles/nolo/auto-accident/passenger-injury-claims.html
  3. http://www.hg.org/article.asp?id=29822
  4. http://www.alllaw.com/articles/nolo/auto-accident/passenger-injury-claims.html
  5. http://www.nolo.com/legal-encyclopedia/passenger-injury-claims-after-car-accident.html
  6. http://www.all-about-car-accidents.com/resources/auto-accident/car-accident-claims/how-third-party-car-accident-claims-work

A.J. Bruning

Founder

I was born and raised to represent individuals who have been needlessly injured. I mean that literally. At a young age my father would tell me about the clients he was representing. I would meet them and take pride in their admiration of my father. I always knew I wanted to be a lawyer and represent clients that needed my help.

Author's Bio

You Might Also Be Interested In

What Questions Should I Ask My Car Accident Attorney?

When another driver hits and injures you, you shouldn’t have to pay out of pocket for your injuries and other […]

Read Article

What To Do If You Were a Passenger in a Car Accident?

Being in a serious car accident is painful and stressful. You may have severe injuries and wonder how you will […]

Read Article

Where Do Car Accidents Occur In KC

Since the end of the pandemic, traffic accidents have been on the rise across the country, and Kansas City, Missouri, […]

Read Article
TESTIMONIALS

What Our Clients Say

Tim Martin

Bruning Law Firm-
When others won’t give you the time of the day call Bruning Law Firm, I guarantee you won’t be sorry. When you need someone who’s willing to put in the work to get the best outcome for your family, they’re the Law firm to go through. The staff is amazing from paralegals to the attorneys themselves [especially Genevieve and Dominic Sinclair]. From start to finish they were compassionate and really cared. They will fight hard for your case with hard work and determination. If could give them a rating higher than a 5 we would. We are so grateful for this Law firm and the relationship built during our case.

Via Fuentes

I recently had the pleasure of working with the Bruning Law Firm, and I cannot recommend them highly enough. From the very first consultation, it was clear that they prioritize their clients’ needs and provide exceptional legal expertise. The team was professional, responsive, and genuinely compassionate, making me feel supported throughout the entire process. Their thorough understanding of the law and strategic approach to my case resulted in a favorable outcome, exceeding my expectations. They took the time to explain every detail and answered all my questions with patience and clarity, ensuring I was well-informed and confident in the decisions being made.

adis fajic

I had the pleasure of dealing with Paralegal Daija and Erica as my Attorney. Both individuals made my case stress free! Daija always kept me updated on my case and always reached out to me first. Everything was done electronically from start to finish and I never had to take time out of my day to meet anyone. I highly recommend The Bruning Law Firm.

Mason Crow

I had such a positive experience with Kelsey and Lisa at The Bruning Law Firm. I’ve never felt like any other law firm was as thorough and attentive. They also respond very quickly and have done a fantastic job on keeping me updated throughout my case. I am beyond satisfied and if you are in need of a lawyer, hire them!!

Tommy

Hands down the best law firm in the greater STL and surrounding areas, a big shout out to Erica my workers comp attorney and her paralegal Daija who by all accounts could be a power house attorney, they both went above and beyond I could have ever imagined to do what needed to be done to get my case the best outcome and always were there to answer my calls and texts and made my as easy as possible, I hope I never have to go through this again but if I just so happen to with out a doubt I will choose Bruning law firm over and over again, Erica and Daija are a powerhouse team and the Best there is, thanks Bruning law firm for all that you have done.

Mike Wallace

The Bruning Law Firm is the real deal. Very professional, & I highly recommend them to represent anyone. Legal were aids were fantastic. A friend of mine unfortunately was just in a car accident but Im sending him to the same great firm that took care of me. This way I know he’s in good hands. 6 stars!!!!!

Albert Bache

Very professional and caring group of people. Mr. Patrick Hinrichs thank you for what you did not only for me but for my family and not allowing us to go without. Ms. Sarah Cox thank you for reaching out keeping me updated with my case especially allowing me to vent. You’re awesome. GOD BLESS you both and the whole firm. From the bottom of our heart THANK YOU

John Alsup

My experience with Burning Law firm was amazing. Lauren and Dylan were very knowledgeable and compassionate. They helped my wife and I every step of the way. I would strongly recommend Burning to anyone needing a personal injury Attorney!

Dhruv Patel

“Bruning Law Firm is good for their specialities. The attorney AJ Bruning and Anissa are very friendly and approachable. They will fight for your case and will make sure you are being fairly compensated. The 5.0 rating is true, and hard to come across for law firms! You will be happy with the professional law firm.”

Erika Duggan

“The Ryan Bruning Law Firm was very nice to work with. The paralegal Anissa was approachable and was always there to answer questions over the phone. If I left a voicemail my call was quickly answered the next day. Ryan was able to negotiate a fair settlement and he was able to explain the process in terms I could understand. I would suggest them to anyone that needs legal help. Great people to work with.”

Mark Lester

“AJ and staff were extremely informative through the entire process. Integrity, respect, performance, and accountability is what this law firm represents. They were always readily
available to answer questions and make you feel at ease. If you’re looking for the best, that’s what you’ll find with “The Bringing Law Firm”. Thank you for everything!”

Michael Coleman

“Ryan and Torie always kept me informed with my case and they explained everything in detail so I understood my options perfectly. Torie was always available by phone, email or text and she didn’t mind any calls or questions that I had and always responded back promptly. They were both very kind, patient and helpful and I would recommend them to anyone in need of their service. Thank you , Ryan and Torie!!!”

Mary Sierens

Excellent service and worked hard for my case. Took a long 3 years. But I didn’t have to do anything else then what was needed of me. Lawyers keep in touch and discuss every detail of your case. Jamie Boyer By far surpassed my expectations. Would definitely recommend using the Bruning law firm. Hands down best for you and your interests in heart. Emily and Anissa was so kind and kept me updated in the end.

View More Testimonials

Are You Ready for a
FREE Consultation?

When you’ve been injured in a car crash or other accident, the law limits the amount of time you have to file a claim. Get started on your case today by scheduling a free consultation with one of our experienced personal injury attorneys.

  • Call our office at (314) 735-8100 during business hours to discuss your case with our qualified legal staff and experienced St. Louis injury attorneys.
  • Fill out our online CONTACT form and one of our St. Louis accident injury attorneys will contact you within 24 hours to discuss your case.
  • Start an online chat anytime, 24/7, to share the details of your case with our dedicated attorneys.

Schedule A Free Consultation

footer image