At GMV Law Group, we focus on helping injury victims across Georgia get the compensation they deserve. Our team handles car accident cases, including claims for injured passengers, and we know how to deal with insurance companies that try to avoid paying. We take pride in giving every client personal attention and honest advice. If you’ve been hurt in an accident, we’re here to fight for you.
If you are a passenger in a car accident in Georgia, you have rights. Many passengers do not realize they can file an insurance claim to seek compensation for medical bills, lost wages, and pain and suffering. You may be able to pursue compensation from the at-fault driver’s insurance, even if that driver is a friend or family member. In some cases, you can also file claims against multiple drivers or use uninsured motorist coverage if needed.
In this blog, we explain what a passenger in a car accident needs to know, including how to file an insurance claim, who pays for medical bills, and why working with an experienced Atlanta car accident attorney can help you pursue fair compensation.
Can a Passenger File an Insurance Claim After a Car Accident in Georgia?
In Georgia, a passenger in a car accident has the right to file an insurance claim to seek compensation for medical bills, lost wages, and pain and suffering.
Passengers Have the Right to File an Insurance Claim
If you are a passenger in a car accident, you can file an insurance claim against the at-fault driver’s insurance company. Georgia law allows a passenger in a car accident to pursue compensation even if they were riding with the driver who caused the crash. You do not need to prove you were not at fault, passengers are almost never held responsible for causing a car accident.
Filing a Claim Against the At-Fault Driver’s Insurance Policy
A passenger in a car accident can file a claim under the at-fault driver’s auto insurance policy. This could be the driver of the vehicle you were in or the other driver involved in the accident. The insurance claim can cover medical expenses, car repairs, lost income, and pain and suffering. If multiple drivers share fault, you may have claims against more than one insurance company.
What if the At-Fault Driver Is a Friend or Family Member?
You can still file a claim if the at-fault driver is a friend or family member. Many passengers worry about suing someone they know, but claims are made against the insurance policy, not the person’s personal money. The insurance company is responsible for paying fair compensation for injuries.
Insurance Options if Both Drivers Share Fault
If both drivers are at fault, you can file insurance claims with both insurance companies. Georgia follows a modified comparative fault rule, which means liability can be shared. As a passenger in a car accident, you can seek compensation from both parties to cover medical bills, property damage, and non-economic damages.
Importance of Speaking to a Car Accident Attorney
Insurance companies often try to minimize payouts in car accident cases. A car accident attorney can help ensure you receive fair compensation for your injuries. Many law firms, including GMV Law Group, offer a free consultation to help car accident victims understand their legal options and file a strong insurance claim.
Who Pays for the Injured Passenger’s Medical Bills and Other Damages?
If you are a passenger in a car accident in Georgia, several parties may be responsible for paying your medical bills, lost wages, and other damages if you sustain injuries.
The At-Fault Driver’s Insurance Company Pays First
In most cases, the at-fault driver’s auto insurance is responsible for covering your medical expenses and other losses. This includes the driver of the car you were riding in or the other driver involved in the accident. You can file a claim for medical treatment, car repairs for personal property, and non-economic damages like pain and suffering.
Multiple Insurance Policies May Apply
If both drivers share fault for the accident, you may be able to file claims with multiple insurance companies. Georgia law allows a passenger in a car accident to seek compensation from each responsible party. This means you could receive payment for medical care, lost wages, and property damage from more than one insurance policy, depending on who is held responsible for the crash.
What Happens if the At-Fault Driver Is Uninsured or Underinsured?
If the at-fault driver does not have enough insurance coverage — or no insurance at all — you may be able to file a claim under uninsured/underinsured motorist (UM/UIM) coverage. This type of auto insurance is designed to pay for damages when the responsible driver cannot. If the car you were in carries UM/UIM coverage, it may help pay for your medical bills and other costs.
Personal Health Insurance and Medical Payment Coverage (MedPay)
If there are delays or disputes with the insurance claim, your personal health insurance may temporarily cover your medical treatment. Some auto insurance policies also carry MedPay, which can help cover medical expenses regardless of who was at fault. MedPay is optional but can be a useful source for a passenger in a car accident who needs immediate help with medical costs.
Why You Should Speak with an Attorney
Figuring out who pays for your injuries can be difficult, especially if multiple drivers are involved or if insurance companies refuse to pay full compensation. A car accident attorney can help you pursue compensation from the right sources and ensure you are not left paying medical bills and other damages on your own. GMV Law Group offers a free consultation to help injured passengers understand their rights and options.
What If Both Drivers Share Fault? Passenger Claims in Complex Georgia Car Accident Cases
If both drivers share fault for a car accident in Georgia, a passenger in a car accident still has the right to file claims and seek full compensation for their injuries.
Passengers Can File Claims Against Both Drivers
When both drivers are partially at fault, a passenger in a car accident is allowed to file insurance claims with each driver’s insurance company. You do not have to choose between them. You can pursue compensation from both to cover medical expenses, lost wages, property damage, and pain and suffering. As a car accident victim, you should not be penalized because multiple drivers share responsibility.
How Fault Is Determined in Georgia Car Accident Cases
Georgia uses a modified comparative fault rule, which means each driver is assigned a percentage of fault. For example, if one driver is 60% at fault and the other is 40%, passengers may be able to collect compensation from both. Since passengers are rarely at fault, their right to pursue compensation remains clear, even when fault is divided between drivers.
Insurance Companies Must Pay According to Their Driver’s Fault
Each insurance company will pay according to the share of fault assigned to their driver. If you have $100,000 in damages, and Driver A is 60% at fault, Driver A’s insurance may pay $60,000. Driver B’s insurance would pay $40,000 if they are 40% at fault. This process helps to ensure a passenger in a car accident can receive fair compensation for medical bills and other losses.
What Happens if Insurance Coverage Is Not Enough?
Sometimes, insurance policies do not fully cover injuries for a passenger in a car accident. If both drivers have low coverage, you may also be able to file a claim under uninsured/underinsured motorist (UM/UIM) coverage from the car you were in. A car accident attorney can review all available insurance policies to find additional sources of compensation.
What to Do Immediately After a Car Accident as a Passenger
If you are a passenger in a car accident, taking the right steps right away can protect your health and help you pursue compensation later.
Get Medical Attention Right Away
Your first step is to seek medical care, even if you feel fine. Some injuries take hours or days to show symptoms. Medical treatment creates a record that links your injuries to the accident, which is important for any insurance claim or personal injury case. Call 911 if needed, and let paramedics check you at the scene.
Gather Information About the Crash
If you are able, collect important information at the scene. Get the names, contact information, and insurance details for all drivers involved. Take photos of the vehicles, license plates, and the crash scene. If there are witnesses, ask for their names and phone numbers. These details can support your claim for fair compensation.
Get a Copy of the Police Report
Police reports are key evidence in car accident cases. Make sure officers are called to the scene and complete an official report. Later, request a copy of the police report for your records. This will help your attorney when dealing with the insurance company.
Do Not Talk to Insurance Companies Without Legal Advice
Insurance companies may contact you quickly. Do not give statements or accept any settlement without speaking to an attorney. Insurance adjusters work for the insurance company, not for you. They may offer less than you deserve. Talk to a lawyer first to protect your right to receive fair compensation.
Contact an Experienced Atlanta Car Accident Lawyer Today!
If you were injured as a passenger in a car accident, our team at GMV Law Group is ready to help. We offer free consultations to review your case and explain your legal options.
Contact us at 404-975-4878 for a free case consultation today!
