In Missouri, discussions about car accidents often focus on the drivers involved, but what about passengers? Passengers who suffer injuries in car accidents may have unique rights and opportunities to seek compensation, yet their claims are sometimes overlooked. The truth is, passengers often have stronger claims than drivers because they are rarely, if ever, considered at fault for the accident.
So, can a passenger in a Missouri car accident sue the driver? In most cases, yes. Whether the driver of the vehicle you were in was at fault or another driver caused the collision, Missouri law allows passengers to file claims for compensation. This includes situations where the accident involved only one vehicle, such as when the driver fell asleep at the wheel or lost control, resulting in injuries to passengers.
While passengers generally have a clear path to seek compensation, the process can become complicated by factors such as insurance policy details, exclusions, and liability disputes. Understanding your rights and options as a passenger is crucial to navigating these challenges effectively.
This article by experienced St. Louis car accident lawyer Paul Beck will help you explore your legal options and provide clarity on what to do if you were injured as a passenger in a Missouri car accident.
What Are a Car Passenger’s Rights in Missouri?
In Missouri, passengers injured in a car accident are almost never considered at fault because they were not operating the vehicle at the time of the crash. Missouri follows a fault-based insurance system, meaning that the party responsible for the accident—or their insurance company—must compensate the injured parties for their damages. This gives injured passengers the right to recover compensation for medical expenses, lost wages, pain and suffering, and other damages caused by the accident.
Under Missouri’s comparative negligence laws, injury victims can seek compensation if they are less than 51% at fault for the accident. However, because passengers are not in control of the vehicle, they are entitled to recover 100% of their damages, provided these fall within the limits of the at-fault driver’s insurance policy.
Passengers may file a claim against the driver of the vehicle they were riding in, the driver of another vehicle involved in the accident, or both, depending on who was responsible for the crash.
In multi-vehicle accidents where fault is shared, passengers may be able to pursue compensation from more than one insurance policy. Additionally, if the at-fault driver’s coverage is insufficient, passengers might explore other avenues for recovery, such as underinsured motorist coverage. Understanding your rights as a passenger is crucial to ensuring you receive the compensation you deserve after an accident.
What If The At-Fault Driver in a Missouri Car Accident is Family Member or a Friend?
Being injured as a passenger in a car accident can be a stressful experience, especially if the at-fault driver is a close friend or family member. Many people feel hesitant about filing a claim, fearing it might damage their relationship. However, it’s important to understand that personal injury claims are typically directed at the driver’s insurance company, not the individual themselves.
If you’ve been injured and are facing expensive medical bills, lost wages, or other damages, pursuing compensation through the driver’s insurance is a practical and necessary step to protect your financial well-being. Insurance policies exist for this exact purpose—to cover injuries and damages resulting from car accidents. Filing a claim ensures that you receive the support you need without placing a financial burden directly on your loved one.
For many, it’s reassuring to know that pursuing compensation through insurance doesn’t involve personally suing the driver. Open and honest communication with your friend or family member can help alleviate concerns, especially when you explain that the goal is simply to recover damages covered by their policy.
What If I Wasn’t Wearing a Seatbelt?
Missouri law requires all passengers to wear seatbelts, but failing to do so does not prevent you from pursuing compensation if you are injured in a car accident. However, it can influence the amount of compensation you are awarded. Missouri operates under a “comparative negligence” system, where your compensation may be reduced if your actions contributed to the severity of your injuries.
This reduction is often linked to what is known as the “seatbelt defense.” For instance, if a court determines that your injuries were made worse because you weren’t wearing a seatbelt, it can assign you a small percentage of fault. Under Missouri law, the impact of this defense is capped—your compensation can only be reduced by 1% for not wearing a seatbelt.
Here’s an example: If your total damages amount to $250,000, but it’s determined that not wearing a seatbelt contributed to your injuries, the court may reduce your award by 1%, resulting in a $2,500 reduction. This means you would still receive $247,500 in compensation.
Missouri’s limitation on the seatbelt defense helps ensure that accident victims are not disproportionately penalized for failing to wear a seatbelt. If you find yourself in this situation, understanding your rights and working with an experienced attorney can help protect your claim and maximize your recovery.
Who Covers Damages if I Was a Passenger in a Missouri Car Accident?
As a passenger injured in a Missouri car accident, your damages are typically covered by the at-fault driver’s insurance policy. This includes compensation for medical expenses, lost wages, pain and suffering, and other accident-related costs. Missouri law requires all drivers to carry liability insurance, with minimum coverage limits of $25,000 per person for bodily injury, $50,000 per accident for bodily injury, and $10,000 for property damage.
If the driver of the vehicle you were in caused the accident, their insurance policy would generally cover your damages up to the policy limits. In multi-vehicle accidents where another driver shares responsibility, you can also file a claim against their insurance. This allows injured passengers to seek compensation from multiple sources if necessary.
What Happens If the Driver Doesn’t Have Insurance?
If the driver of the vehicle you were in doesn’t have insurance, you may still have options. Missouri law requires uninsured motorist (UM) coverage as part of every auto insurance policy, with minimum limits of $25,000 per person and $50,000 per accident for bodily injury. This coverage protects you when the at-fault driver lacks insurance.
Additionally, if the at-fault driver’s insurance isn’t sufficient to cover your damages, underinsured motorist (UIM) coverage may help bridge the gap. Both UM and UIM coverage apply even if you weren’t driving or in your own vehicle at the time of the accident, providing a vital safety net for injured passengers.
Navigating insurance claims as a passenger can be complex, particularly if multiple parties are involved or insurance coverage is limited. Understanding your rights and knowing how to utilize all available coverage options is essential to ensure you receive the compensation you need.
What Can Make These Claims Complicated
Filing a claim as a passenger in a Missouri car accident can present several complications, including:
- Multiple Insurance Policies: If more than one driver is at fault, you’ll need to deal with claims from multiple insurance companies, which can be challenging and time-consuming.
- Insurance Policy Limits: If the at-fault driver’s policy doesn’t cover the full extent of your damages, recovering the remaining costs can be a complex process that may require additional legal steps.
- Uninsured or Underinsured Drivers: When the at-fault driver has little or no insurance coverage, your ability to secure full compensation can be limited, requiring you to explore alternative recovery options.
- Comparative Negligence: Insurance companies might argue that you share responsibility for the accident (such as not wearing a seatbelt), which can affect the amount of compensation you’re entitled to receive.
Additionally, insurance companies may scrutinize your claim closely, especially if you are suing a driver with whom you have a personal relationship. While this doesn’t happen often, it can lead to a more rigorous investigation to rule out the possibility of fraud.
Given these complexities, it’s essential to work with a skilled legal team, such as Beck & Beck Missouri Car Accident Lawyers, who understand Missouri law and can advocate for your best interests to protect your rights.
Tactics The Insurance Companies Use To Reduce Your Settlement
Insurance companies prioritize minimizing payouts, and if you’re a passenger injured in a Missouri car accident, you’ll likely face several tactics aimed at reducing your settlement. These strategies are designed to protect the insurer’s bottom line, often at the expense of your compensation. Some of the most common tactics include:
Shifting Blame:
One of the first tactics insurers use is to argue that you contributed to your injuries, even when you were not at fault. They may claim that your injuries were caused by your own actions, such as not wearing a seatbelt or failing to take proper safety precautions.
In some cases, they may try to deflect blame onto you by suggesting you were engaged in risky behavior during the accident. Even if this is not true, insurers will use this argument to reduce the amount of compensation they owe.
It’s crucial to have a skilled Missouri auto accident attorney on your side who can counter these claims and prove that the other party is entirely responsible for your injuries.
Quick Settlement Offers:
Insurance companies may also offer you a quick settlement right after the accident. While it may seem tempting to accept the offer and get the matter behind you, it’s often a tactic to save the insurer money. These early offers are typically much lower than what you could potentially recover by negotiating or going to court.
Insurance companies hope that, in your eagerness to move on with your life and recover from your injuries, you’ll accept an amount that won’t even come close to covering all your medical expenses, lost wages, or future care needs. Once you accept a settlement, you generally waive your right to pursue additional compensation, even if your medical condition worsens later.
Questioning Medical Treatment:
Another common tactic is for insurers to challenge the medical care you’ve received. Insurance companies may argue that the treatment you underwent was unnecessary, too costly, or not directly related to the accident. This can cause significant delays in your case, as the insurer tries to reduce the amount they’ll pay.
They may even request access to your medical records or employ third-party doctors to review your treatment, attempting to weaken your case. If you’ve received ongoing care, such as physical therapy or surgery, insurance companies may try to downplay the severity of your injuries, which is why it’s important to work with an attorney who can gather and present the necessary medical evidence to back up your claim.
Delaying Claims:
Insurers are also known for dragging out the claims process. By delaying payments, they can pressure you into accepting a lower settlement out of frustration. The longer you are forced to wait, the more likely it is that you’ll accept a quick offer just to end the process.
The longer it takes for your claim to be processed, the more stressful and financially burdensome it becomes for you. This is a common strategy to wear down victims, and it’s one that experienced attorneys like Beck & Beck Missouri Car Accident Lawyers are well-prepared to combat. Our team will fight to ensure that your claim is processed promptly, and that you’re not left in limbo during an already difficult time.
Convincing You to Settle Without an Attorney:
Insurance companies may also attempt to convince you that you don’t need an attorney, particularly when they present that first low-ball settlement offer. They might say that hiring an attorney will only complicate things or that their initial offer is the best they can do.
This is far from the truth. Insurance companies know that if you accept a quick offer without legal representation, they stand to save a significant amount of money. However, having an experienced lawyer by your side can make all the difference.
Lawyers understand how to evaluate the full extent of your injuries, including future medical needs and lost wages, and are skilled in negotiating fair compensation.
Settling Too Quickly:
It’s crucial to understand the risks of settling too quickly. Accepting a settlement without fully understanding the long-term impact of your injuries can leave you in financial hardship. Often, settlement amounts don’t account for future medical expenses, physical therapy, or long-term care needs that may arise from your injuries.
Additionally, if you settle prematurely, you waive your right to seek further compensation, leaving you stuck with any future medical bills or lost wages that may arise. A seasoned attorney can help you assess the long-term effects of your injuries and ensure you don’t settle for less than you deserve.
Given the complexities of dealing with insurance companies and the pressure they put on victims, it’s essential to work with an experienced team like Beck & Beck Missouri Car Accident Lawyers.
Knowledgeable Missouri Auto Accident Attorneys
At Beck & Beck Missouri Car Accident Lawyers, we are deeply committed to helping auto accident victims navigate the complexities of their claims. Our team of experienced attorneys understands how overwhelming and challenging it can be to deal with insurance companies, medical bills, and the emotional toll of an accident.
That’s why we focus on providing the personalized legal support you need to secure the compensation you deserve.
We are dedicated to protecting the rights of our clients, whether you are a passenger, driver, or pedestrian injured in a Missouri auto accident. With our in-depth knowledge of Missouri law, we can handle the complexities of your case, including dealing with multiple insurance policies, proving liability, and ensuring that your medical needs and lost wages are covered.
Our attorneys will be by your side throughout the entire process, offering clear advice, negotiating with insurance companies, and, if necessary, litigating your case in court to secure the best possible outcome.
When you choose Beck & Beck Missouri Car Accident Lawyers, you’re choosing a team that genuinely cares about your recovery. Contact us today and let us handle the legal complexities while you focus on getting back on your feet.
