Passenger Rights in Virginia: How Injured Passengers Can Recover After a Car Accident
Passengers involved in a motor vehicle accident almost always have a “good case” to recover for their injuries received in an automobile accident. So long as the passenger did not contribute to the accident in some way, for example by interfering with the driver, the passenger will likely be able to recover monetary damages.
The passenger’s claim can be against many different defendants, such as another vehicle driver that was involved in the crash or a company/individual who contributed to the crash by setting up a dangerous situation in the roadway or even by the passenger’s driver and their vehicle – even if that driver was related to them by blood or marriage or a friend. More and more frequently these days, the passenger may have been injured by the conduct of a professional driver such as an Uber, Lyft, or similar driver, or even a taxi driver. In any of these scenarios, the injuries can be severely debilitating and result in permanent injuries or perhaps temporary or permanent loss of the ability to earn a living.
Virginia law does impose some requirements on all passengers in the vehicle. Of course, the passenger cannot interfere with the driver’s ability to safely operate the vehicle by actions such as grabbing the wheel, covering the driver’s eyes, or similar conduct. Most recently, the Virginia General Assembly passed a law requiring all passengers to continuously wear a seatbelt throughout their transportation. However, if a seatbelt is not worn, the passenger still has a claim. The lack of use of a seatbelt is not admissible evidence in a civil action against a negligent defendant. If the defendant causes the crash, they cannot try to put the blame back on the plaintiff for failure to wear a seatbelt.
Over the years, we have found many severely injured passengers are, at first, reluctant to “blame” their host driver, particularly when the host driver is a family member or close friend. However, this hesitation is frequently overcome when the passenger realizes that almost in every instance their medical bills, lost wages, etc., are covered by the host driver’s insurance. The passenger does not have to go after the assets of their host driver and rarely does anyone attempt to do so. The point is – we all buy and pay for insurance for exactly this reason! If there is a crash, the insurance policy is supposed to pay for any and all damages created by the driver’s negligence up to the policy limits under the contract.
This is precisely the reason we advise families, business owners, and anyone who is purchasing automobile liability insurance to get as much insurance as they can on their own policy. You cannot control the amount of insurance another person may purchase on their specific vehicle. However, we can all control the amount of insurance we purchase on our own vehicle(s) or our business vehicles. It needs to be an amount which could adequately pay for severe injuries by anyone in our vehicles which often will be family members and friends.
It is important to know and understand that automobile insurance is less expensive the more you buy. For example – the first $250,000 in automobile insurance coverage is the most expensive. As the amounts increase, the premiums go down and everyone should purchase a secondary insurance policy called an “umbrella.” This policy is usually connected to a person’s home or business in the amount of $1 million or more. If drafted correctly, this policy can pull all underlying policies up to the amount of the umbrella. For example – if the driver has a $250,000 liability insurance policy on their vehicle, a $1 million umbrella will provide the driver with an additional $750,000 in coverage. This could be extremely important to a severely injured family member or friend or member of another vehicle or pedestrian.
Passengers can also rely on their own automobile insurance coverage if they are injured while occupying or “using” a motor vehicle at the time of their injuries.
The injured passenger may use or recover from their own insurance policy in several different ways. First, most policies have an important provision called “medical payments coverage.” Each policy is in a specific amount and allows the passenger to contact their own insurance company for help in paying their medical care up to the limits of the medical payments policy.
The passenger may also recover from their own insurance company for underinsured or uninsured situations. For example – if their host driver and his/her vehicle has no insurance coverage or minimal insurance coverage, the passenger can potentially recover from their own insurance company for the inadequate coverage which could potentially mean the difference between getting medical care or not or, even worse, bankruptcy.
If you and your loved one or friend is a passenger in a motor vehicle crash and is injured, make sure to:
- Immediately contact an experienced and knowledgeable Virginia personal injury attorney to advise them about their rights;
- Inform their own automobile insurance company about the crash and their injuries; and
- Carefully follow the medical care recommended by the treating physician throughout the pendency of their case.
Contact Gentry Locke today to schedule a consultation and protect your rights.
