Can a passenger make a claim against a driver for a car crash?
Can a passenger make a claim against a driver for a car accident?
Here is the situation: You are riding as a passenger in the car your friend is driving. You are heading down Redwood Road in West Valley City, Utah heading to the Valley Fair Mall. Your friend is talking to you and playing with the radio while driving. He does not notice that the traffic light ahead has just turned red. Unfortunately, he continues through the intersection and your car is hit by another car driving from East to West. That other car had a light that had just turned green. Fortunately, no one is seriously hurt in the accident, but you are taken to the hospital with a broken arm. At the hospital, they tell you that you will need surgery. You do not have health insurance to pay for your medical bills. What do you do?
No one wants to sue a friend, associate, or family member. Fortunately, most of the time we can simply make a claim with your friend’s insurance company and you won’t need to sue your friend. So typically, we will help you with the claim against their insurance. By having a lawyer, the insurance company knows you are serious and will make you a fair offer the vast majority of the time. If the driver is a family member, you may not need to sue them even if you cannot reach a settlement with their insurance. There is a law in Utah that allows claims against family members to be resolved through arbitration, rather than going to litigation or a jury trial. Ask us about the details.
I recently represented a client who was making a claim against her husband. Her husband had fallen asleep while driving their vehicle and rolled their vehicle as she rode with him. She was injured and I assisted her in making a claim against their insurance company. As I explained above, we were able to resolve the claim without the need for her suing her husband or going to court.
If you have been involved in a car accident as a passenger, please contact us for help. There are many available that do not involve suing the driver to help you get compensation. 801-738-9999.