Being injured as a passenger in a car accident can create an unusual situation. You were not driving, yet you may be left with medical bills, missed work, pain, and questions about whose insurance is responsible. The driver who caused the Colorado Springs accident could even be a friend, relative, coworker, or the person whose vehicle you were riding in.
Injured passengers can generally pursue compensation when another person's negligence caused their injuries. The more complicated question is often which driver or insurance policy is responsible. We help injured passengers in Colorado Springs investigate fault, identify available coverage, and pursue compensation from the appropriate parties.
Responsibility depends on who caused the Colorado Springs collision.
If another motorist caused the accident, the injured passenger may have a claim against that driver's liability insurance. If the driver of the vehicle carrying the passenger caused the crash, that driver's insurance may become the focus of the claim.
Sometimes both drivers contribute to an accident.
Consider a Colorado Springs intersection collision in which one driver was speeding while another made an unsafe turn. Evidence could establish that both motorists contributed to the crash. An injured passenger may then need to evaluate claims involving more than one insurance policy.
Potentially responsible parties can include:
Identifying every responsible party is particularly important when a Colorado Springs passenger suffers serious injuries and one driver's insurance is insufficient to cover the resulting losses.
Yes, depending on the circumstances.
This can be uncomfortable when the driver is a friend or family member. However, a personal injury claim is generally pursued against applicable insurance coverage rather than simply asking someone you know to personally pay your medical expenses.
Suppose you are riding with a friend in Colorado Springs when your friend runs a red light and causes a collision. If that driver's negligence caused your injuries, their auto liability coverage may apply to your claim.
The same principle can apply when you are riding with:
The personal relationship between the passenger and driver does not automatically determine whether compensation is available.
Our Colorado Springs car accident attorneys can review the circumstances and insurance policies to identify potential sources of compensation without relying on assumptions about whose policy should pay.
When another motorist causes the Colorado Springs crash, an injured passenger may pursue a claim against that driver's liability coverage.
Evidence is still necessary to establish responsibility.
Useful evidence may include:
Passengers can sometimes provide valuable evidence themselves. Because you were not concentrating on operating the vehicle, you may have noticed behavior the driver did not.
For example, you might remember that the other vehicle entered the intersection against a light or that the driver carrying you was looking at a phone immediately before impact.
Write down what you actually remember soon after the Colorado Springs accident. Avoid discussing with other witnesses what everyone "should" say.
Passengers are sometimes injured in accidents where responsibility is divided between multiple drivers.
Colorado uses a modified comparative negligence system. When multiple parties contribute to an accident, the allocation of fault can affect how liability and damages are handled.
For a passenger, this may mean claims need to be evaluated against more than one responsible driver.
For example, one driver may have been following too closely while another made an unsafe lane change. If both actions contributed to a Colorado Springs collision, both drivers' conduct may need to be investigated.
Do not assume you have to determine which insurance company should pay before making a claim. The evidence and applicable law should determine responsibility.
In many car accidents, the passenger has no role in causing the collision. Simply sitting in a vehicle generally does not make someone responsible for how the drivers operated their cars.
However, insurers may examine whether a passenger's own conduct contributed to the injuries in unusual circumstances.
For example, disputes might arise over whether an occupant used an available seat belt. Other uncommon situations could involve a passenger allegedly interfering with the operation of the vehicle.
These issues are highly fact-specific.
An insurance company should not simply assign fault to a passenger because doing so reduces the value of the claim. If an insurer argues that you contributed to your injuries after a Colorado Springs crash, the evidence supporting that allegation should be carefully examined.
There may be several sources of insurance after a Colorado Springs accident.
The liability insurance belonging to the driver who caused the crash may provide compensation for an injured passenger. Other coverage may also become relevant depending on the circumstances and policies involved.
Potential insurance sources can include:
The existence of multiple policies does not necessarily mean all of them will pay. Coverage depends on the policy language, the accident, the people involved, and other circumstances.
This is why a passenger injury claim should begin by identifying all potentially applicable policies rather than assuming the insurance on one vehicle is the only available source.
Serious injuries can quickly exceed a driver's liability limits.
If the responsible driver has no insurance, uninsured motorist coverage may become important. If the driver has insurance but not enough to fully compensate the injured passenger, underinsured motorist coverage may potentially apply.
The relevant UM/UIM coverage will depend on the insurance policies and circumstances.
For example, coverage questions may involve the policy associated with the vehicle in which you were riding or another policy under which you qualify as an insured.
A Colorado Springs passenger with significant injuries should therefore avoid assuming that the at-fault driver's policy limit represents the maximum potential recovery until other available insurance has been investigated.
A passenger's claim should account for the actual harm caused by the Colorado Springs accident.
Depending on the circumstances, compensation may be available for losses such as:
Documentation becomes especially important when an injury requires months of treatment or affects the passenger's ability to return to work.
Keep medical records, bills, work restrictions, wage documentation, prescription receipts, and other records connected to the accident.
Do not rush to settle simply because an insurer offers to reimburse the first medical bills. The full effect of a serious injury may not be known immediately after a Colorado Springs collision.
Rideshare passenger claims can involve additional insurance questions.
If you were riding as a paying passenger in an Uber or Lyft during a Colorado Springs accident, insurance associated with the rideshare trip may be relevant. Another driver's policy may also apply if that motorist caused the crash.
Digital trip records can help establish that you were an active passenger at the time of the collision.
Preserve:
Do not assume the rideshare company's insurer will automatically handle every loss. Fault, policy provisions, injuries, and available coverage still need to be evaluated.
You may hear from several insurance companies after a Colorado Springs accident.
An adjuster might ask for a recorded statement, medical authorization, or information about your injuries. Another carrier may contact you with a different account of which driver was responsible.
Provide accurate information, but avoid guessing about details you do not know.
Before signing a medical authorization, release, or settlement agreement, understand what rights the document affects. A release involving one driver could potentially have consequences for other claims arising from the same collision.
This is especially important when several drivers or insurance policies are involved.
Passengers should preserve their own evidence rather than assuming the drivers or insurance companies will gather everything necessary.
After a Colorado Springs car accident, keep:
Also document your recovery. Keep track of medical appointments, physical limitations, missed work, and activities you cannot perform because of your injuries.
A consistent record can help demonstrate how the Colorado Springs accident affected your health and daily life.
Passengers injured in car accidents can have strong claims because they often had no control over the driving decisions that caused the collision. The challenge may be determining whether the driver carrying you, another motorist, or multiple parties were responsible and identifying all available insurance coverage.
If you were injured while riding in someone else's vehicle during a Colorado Springs car accident, our attorneys are here to help. Call us today or connect with us online to schedule a consultation.
Pribila and Fields, P.C. has successfully handled thousands of personal injury cases and tried scores of cases where an insurance carrier refused to pay fair compensation for injuries, losses or damages.
18 E. Monument Street
Colorado Springs, CO 80903
reception@pribila.com
Phone: (719) 888-3720
Fax: (719) 473-2542
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