One moment you’re riding along as a passenger, and the next you find yourself dazed and in pain after a sudden car accident. Now you're facing mounting medical bills, missing work, and struggling to recover from serious injuries you didn't cause. It's a frustrating and stressful situation no one should have to experience. While you may feel powerless, the law is on your side.
At Dulaney, Lauer & Thomas, we've been fighting for injured passengers across Virginia for decades. Our dedicated Virginia accident attorneys understand the trauma you're experiencing and the challenges you face. We're here to guide you through the legal process, stand up to the insurance companies, and work tirelessly to get you the compensation you deserve.
Your Rights as an Injured Passenger in Virginia
When you're hurt in a crash that wasn't your fault, you have the right to file an injury claim seeking payment for your medical bills, lost wages, pain and suffering, and other losses. And as a passenger, you may actually have more options for recovering compensation than the drivers involved.
Filing Claims Against At-Fault Drivers
In most cases, the drivers who caused the accident will bear responsibility for compensating injured passengers. That means you may have a claim against:
- The driver of the car you were riding in, if they were wholly or partly at fault
- The driver of another vehicle involved in the collision
- Both drivers, if they share blame for what happened
As a passenger, you can bring claims against any at-fault party, even if it's a friend or family member who was driving your car. Your claim doesn't accuse them of intentional wrongdoing—instead, it simply asks their insurance company to cover the costs of an accident they caused.
Using Your Own Insurance Coverage
But what if the at-fault driver was uninsured or underinsured? As a passenger, you can turn to your own auto insurance policy for help. Key coverages that may apply in passenger injury cases include:
- MedPay. Pays for your accident-related medical bills up to your coverage limits
- UIM. Steps in if the at-fault driver's insurance isn't enough to fully compensate you
You may also have claims on other household auto policies or health insurance plans. An experienced Virginia accident attorney can identify all potential sources of compensation in your case.
What to Expect During the Passenger Injury Claim Process
The moments after a crash are critical for protecting your rights. As an injured passenger, remember to:
- Call 911 and report the accident to law enforcement
- Take photos to document the scene, the damage, and your injuries if possible
- Get contact and insurance information from all involved drivers
- See a doctor as soon as possible for a complete evaluation of your injuries
From there, your lawyer can help you build your claim by gathering key evidence like:
- The official accident report
- Statements from eyewitnesses who saw the crash
- Footage from traffic or surveillance cameras in the area
- Your medical records and bills related to the accident
- Expert analysis of the collision, your injuries, and your future needs
Negotiating With the Insurance Company
In most cases, your lawyer will file claims with the appropriate insurance companies and attempt to negotiate a fair settlement on your behalf. Having a skilled Virginia accident attorney handle these discussions protects you from the insurance adjuster's tactics and increases your chances of receiving a favorable offer.
But if the insurer won't agree to a reasonable settlement, you may need to file a lawsuit to pursue your claim in court. Your attorney can argue your case at trial and ask a judge or jury to award you fair compensation.
In Virginia, you typically have two years from the date of the accident to file a personal injury lawsuit. But it's always best to act quickly and consult an attorney as soon as possible to avoid missing key deadlines.
How Much Is Your Passenger Injury Claim Worth?
Many factors go into valuing an auto accident injury claim, including:
- The extent and permanence of your injuries
- The costs of your current and future medical treatment
- Your lost income while out of work recovering
- The impact of the accident on your quality of life
Generally speaking, the more serious your injuries and losses, the higher your claim's potential value. An attorney can give you a clearer picture of what your case may be worth—and fight to win every dollar you deserve.
Maximizing your compensation often means looking beyond the obvious economic costs, such as hospital bills and missed paychecks. A skilled lawyer will also factor in your future medical needs, your lost earning potential, and the accident's toll on your relationships and well-being. You only get one shot at recovery, so it's critical to get it right.
No one expects to get hurt as a passenger in someone else's car. But if you've found yourself in that difficult situation, don't despair. At Dulaney, Lauer & Thomas, our experienced Virginia accident attorneys have helped countless people pick up the pieces and move forward. We're ready to listen, explain your rights, and work tirelessly to win you the compensation you need to rebuild.
