Our Virginia Car Accident Attorneys Help Clarify Your Rights After Suffering Injuries in Your Friend’s Vehicle
Imagine your friend is driving you home from dinner in Richmond one evening. On your way back, they make a dangerous lane change on I-95 and cause an accident. You get whiplash and suffer back injuries. The chronic pain keeps you away from work for weeks.
As a passenger, you’re not sure if you can sue your friend for damages. And, even if you can, you don’t want to jeopardize your relationship. This is a difficult situation that calls for help from a Virginia car accident lawyer. Call the offices of The Mottley Law Firm to schedule a free consultation and let us explain your options for recovery.
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Car Crash Passengers Are Entitled to a Fair Recovery
All occupants of a vehicle are at risk of injuries after an accident. If you’re hurt when your friend is driving you somewhere, you shouldn’t have to shoulder the financial burden of medical bills and lost wages. The question is figuring out where you can secure payment for your losses. In many cases, this may mean filing a claim against one or both drivers involved in the crash.
Notably, you have a limited amount of time to file this lawsuit. The standard statute of limitations for personal injury cases in Virginia is two years. You may forfeit your right to compensation if you fail to make a claim within this timeframe.
If the Accident Is Your Friend’s Fault
In the hypothetical scenario above, your friend will likely be held wholly responsible for causing the accident. You, as the injured passenger, have the legal right to hold them accountable for damages under VA Code § 8.01-63. Their negligence caused your injuries.
The next step would be to file a claim with your friend’s car insurance company. This applies whether your friend is completely or partially at fault. In most cases, payments will come directly from the insurer and not from your friend. That’s the purpose of an insurance policy. If they’re a good friend, they’ll want you to be compensated fairly for your injuries.
If the Other Driver Causes the Crash
The same principle applies if you’re injured as a passenger and the other motorist is at fault. Just as before, you would file a personal injury claim with the at-fault driver’s insurance provider. If both motorists are partly to blame for causing the crash, you may need to file two separate claims with each insurer. Our skilled car accident team at The Mottley Law Firm can advise you through this process and help you complete any necessary paperwork.
If You’re Partly to Blame for the Accident
In most cases, passengers aren’t held responsible for causing car accidents. This is true even if you were a source of distraction, like asking the driver a question right before the collision. You weren’t in control of the vehicle. Your friend, as the person behind the wheel, had a responsibility to keep you safe.
Even so, it’s important never to admit fault, even partial fault, in an accident claim. Virginia law observes the doctrine of contributory negligence. If you’re the least bit to blame for causing the crash, you may lose the right to seek recovery of damages. Always consult with a lawyer before speaking with insurers or law enforcement.
You may also choose to file a claim under your own insurance policy. You’ll need coverage for medical expenses and loss of income benefits. This can be a good source of relief while awaiting the outcome of your personal injury lawsuit.
Vital Steps to Take After You’re Hurt in a Car Crash
As an injured passenger, what you should do after a car crash is a similar series of actions as if you were the driver:
- Get emergency medical attention.
- Take photos and videos of the accident scene.
- Collect the contact information of any eyewitnesses.
- Keep accurate records, including medical bills and pay stubs.
- Hire a Virginia car accident lawyer for legal advice and guidance.
- Follow the recommended treatment plans and appointment schedules.
You may think you don’t need a lawyer because your friend’s claim will handle everything. The reality is you need to take steps to protect your own rights and interests. Passenger claims can be difficult, and you need a strong advocate in your corner.
Possible Damages You May Recover in Settlement
As part of your settlement, you may be eligible for economic and non-economic damages such as:
- Medical expenses
- Lost wages
- Reduced future earnings and benefits
- Ongoing rehabilitation and therapy costs
- Medical equipment and medications
- Pain and suffering
- Emotional trauma and distress
- Property damage
- Punitive damages
The sum total of damages can be significant. In one case, The Mottley Firm represented a client who was struck by someone who ran a stop sign in Henrico County. They sustained severe orthopedic and traumatic brain injuries. We secured a $300,000 settlement for our client six weeks before trial.
