Skip to content
Knowing what to do if you have been injured as a passenger in a car accident is essential to your health and building an insurance claim. Seek medical care to protect against hidden injuries, and be wary of quick settlement offers and requests to talk to the at-fault party’s insurance company.
You need a skilled attorney to negotiate with insurance companies and present a strong case for liability and damages. At Warner Law Offices, PLLC, our attorneys have significant experience in vehicle accident claims and a history of successful outcomes for our clients. Call us for a free consultation at (304) 345-6789.
Steps To Take After Being in a Car Accident as a Passenger
You are a passenger injured in a car accident. Now what? Your bills are likely mounting while you figure out how to pursue compensation. You might be able to file one or more insurance claims. In some cases, you might need to file a lawsuit. The steps you take after the crash can affect your health and the strength of your case for compensation.
Seek Immediate Medical Care and Attend Follow-Up Appointments
Your health is always the number one priority. Even if you don’t need emergency treatment, follow up immediately with a doctor if you were a passenger injured in a car accident. Some severe conditions are not always immediately apparent. Whiplash, brain injuries, and internal bleeding may not show symptoms for several hours or even days. Early testing may detect these injuries and protect you against long-term harm.
Getting prompt medical attention and keeping all your appointments can also affect an insurance claim or lawsuit. Delaying or skipping treatment allows insurance companies to downplay the severity of your injuries and can result in low settlement offers that don’t cover your actual damages.
Notify Your Insurance Company
As a passenger in a car accident, you may need to turn to your insurance policy to cover some or all of your damages. If the at-fault driver was uninsured, you likely need to use your uninsured motorist coverage or MedPay if you added it to your policy.
Check your policy promptly after the crash to determine if there is a time limit for notification. The best course of action is to report it immediately.
Don't Post on Social Media
Insurance company representatives may look at your social media posts for reasons to deny your claim or offer a low settlement. What you say or pictures you post about your accident could also set off a liability argument between the involved drivers’ insurance companies. This could delay any compensation you may be entitled to receive.
An insurance company may even use something as innocent as a picture of you playing with your kids against you in an injury claim. Refrain from posting on social media altogether until your claim settles.
Don't Accept a Quick Settlement
Insurance companies often offer quick settlements before accident victims know their damages. If you accept one, you cannot ask for more compensation later if your injuries worsen. For example, you may have a back injury that leads to an inability to work and significant rehabilitation.
One or both driver’s insurance companies will look to you for answers as a passenger in a car accident claim. Both may twist your words to deny liability, significantly lengthening your settlement timeline.
Don’t talk to an insurance adjuster without an experienced car accident lawyer to protect your interests. They know insurance company tactics meant to minimize claims and will explain release language before you sign a settlement.
Keep a Recovery and Pain Journal
Starting from your accident date, keep a journal of your medical treatment, missed work, and the other effects of your car accident. Include a written narrative of how your injuries and pain affected your home and work lives.
The amount of your compensation as a passenger in a car accident depends on more than a collection of invoices. Your attorney can use your recovery and pain journal to tell a compelling story of why you deserve the damages you seek.
Organize Your Documentation
Collect all your medical records, expenses, proof of missed work, and correspondence from insurance companies and organize them so they are easy to add to. Make backups of everything you have related to your accident.
Include a copy of the police report from the agency that responded to your accident. You can get a crash report from the West Virginia State Police, the Kanawha County Sheriff’s Office, or by calling the local police department.
Bring all your documentation to your initial consultation with our team, or keep it nearby if you call our accomplished attorneys for a free case evaluation.
Contact Our Car Accident Attorneys
You may be unsure about when to hire a car accident lawyer. If you were a passenger in a car accident and the driver or another party was at fault, partner with our experienced attorneys immediately. Other people’s insurance companies will make decisions that affect your short- and long-term physical, financial, and emotional health, and you need a strong advocate.
An experienced car accident attorney can take important steps to boost your chances for significant compensation, including the following:
- Investigating your accident
- Using experts such as accident reconstructionists or medical experts
- Determining all of your compensation options
- Negotiating with insurance companies
- Fighting in court through a lawsuit when necessary
Insurance Coverage Available to Injured West Virginia Car Accident Passengers
Several insurance policies may apply if you were injured as a passenger in a car accident in Charleston, WV, or the surrounding area. West Virginia is an at-fault insurance state, so responsibility for the crash largely determines whose policy covers you, including:
- Your driver
- The other driver
- A third party who caused a chain reaction crash
- An employer, if the driver who hit you was working at the time of the crash
- Rideshare company
- A government entity that failed to maintain roads
- A manufacturer responsible for defective parts
- Your policy’s uninsured, underinsured, or MedPay coverage
Speak with an attorney who has experience with West Virginia passenger claims and the car accident settlement process so they can advise you on your insurance options. They can also determine if you are eligible to file a lawsuit against the at-fault party if insurance didn’t cover all of your damages.
“The insurance companies know very well which law firms have the skill, resources, and stamina to hold them accountable for these tragic accidents. At Warner Law Offices, we've been doing just that for over 20 years.”
What Compensation Can Injured Passengers Receive?
The car accident compensation injured passengers can seek includes economic and non-economic damages. Economic damages cover financial losses like medical expenses, rehabilitation costs, lost wages, and nursing assistance. Non-economic damages compensate for the non-financial impacts on the victim’s life, such as pain and suffering, reduced quality of life, and loss of consortium.
If a family member dies as a passenger in a crash, their surviving loved ones can pursue a wrongful death claim. They can seek losses for funeral and burial expenses, loss of companionship, loss of financial support, and pain and suffering.
Under West Virginia Code §55-7-29, courts can award punitive damages for egregious actions. Through clear and convincing evidence, your attorney must prove that the other party acted maliciously or demonstrated a conscious, reckless, and outrageous indifference to health, safety, or welfare.
How Comparative Fault Affects Your Claim
West Virginia follows a comparative fault standard that can impact your passenger injury claim. Under West Virginia’s modified comparative fault standard, all liable parties in an accident bear a percentage of the blame that adds up to 100 percent. In the rare case that you were responsible for the crash as a passenger, you cannot collect if you are greater than 50 percent responsible for the accident.
Each party is only responsible for damages based on their percentage of fault. You may have to seek compensation against both drivers to recoup all your losses if both were at fault.
How Long Do I Have to File a Passenger Injury Lawsuit in West Virginia?
The West Virginia car accident statute of limitations for personal injuries is two years from the accident date. If your loved one died as a passenger in a car accident, you have two years from the date of death to file a wrongful death lawsuit.
Judges strictly apply these deadlines, regardless of the seriousness of your injuries and the strength of your case. Act quickly so an experienced attorney can investigate before evidence disappears. They will file your claim on time so you don’t lose your chance at compensation.
Contact Warner Law Offices for Skilled Representation in Your Passenger Injury Claim
Being a passenger in a car accident claim can quickly become confusing and overwhelming. You don’t have to navigate multi-party insurance claims or the legal process alone. At Warner Law Offices, we know what to do if you were injured as a passenger in a car accident and the tactics insurance companies sometimes use to take advantage of victims.
Our award-winning, compassionate attorneys will guide you through every step of the claims process and fight for the compensation you deserve. Focus on healing and your family while we handle the rest.
Call us today for a free, no-obligation consultation at (304) 345-6789 or complete our online contact form.
