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What Happens if I’m a Passenger in a Texas Car Accident?

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What Happens if I’m a Passenger in a Texas Car Accident?

Sometimes, it can be more difficult to be a passenger in a Texas Car Wreck than the driver. At least the driver has some control about what happens after the crash. They’ll call the police and tell them what happened. They have to file a claim against either their own insurance or the other driver’s. They’ll get their car fixed and go about their business.

For the passenger, it can be a bit more confusing. You may not know what you’re supposed to do after a car accident. That’s what we’re here to help. Texas car accident attorneys understand how awkward it can be as a passenger in a car accident. You don’t want to get the driver in trouble. Presumably, if you’re a passenger in their car, you’re either their family member or friend. And, if the accident was their fault, you’ll have to file a claim against your friend’s insurance policy.

Now, if the other driver caused the crash, you shouldn’t run into much trouble. Your Texas car wreck lawyer will file a claim against their insurance policy. If, for some reason, your claim is denied, you’ll be able to file a lawsuit against the other driver.

How Do You Know Which Driver Was at Fault?

The first thing your attorney needs to determine is who was at fault. Until you know who was responsible for the crash, there’s nothing you can do. You need to know whose insurance policy you need to file your claim against. You also need to know where to get to get proof that someone was at fault.

The best way to do this is to look at the police report. Every accident in Texas has to be reported to law enforcement. That’s why it’s critical that you call the police immediately after your accident. If, for some reason, the driver chooses not to call the police, then you need to do it. Don’t let them make a decision that can hurt your chances later on. You won’t be able to recover if you don’t have proof of two things. First, you need proof of fault. Second, you need proof that you were injured. If you don’t call the cops, you won’t be able to do either of these things.

Your Texas car accident lawyer will be able to ascertain who was at fault by reading the accident report. The police report will include the following information:

  • License and insurance information for both drivers
  • Description of the accident scene
  • Information as to whether either of the drivers were under the influence of alcohol or drugs
  • Description of the road conditions
  • Contact information for any eye witnesses
  • Information regarding any tickets that were issued
  • statements from both drivers

This information will give you a good idea of who you need to pursue. If it looks like the other driver was at fault, you’ll file a claim against their insurance. If, however, it looks like the driver of the car you were in was responsible, then you’ll pursue a claim against them instead.

You Don’t Want to File Suit Against Your Friend – is That Okay?

One of the biggest concerns passengers have is about filing suit against their friend or neighbor. Nobody wants to ruin their relationship over a car accident. The good news is that you’re not really filing suit against your friend or relative. Whoever was driving the car you were in has insurance. You’ll be filing a claim against their insurance company. It’s only if the insurance company refuses to pay your claim that you’ll have to take legal action.

Keep in mind – if you do have to file suit, it will be filed against the driver. However, the insurance company will have to defend the case for them. You aren’t really going after their personal assets. Most of the time, the case will settle and the insurance company will cover any damages you’ve suffered.

Contact an Experienced Texas Car Wreck Lawyer

If you’ve been injured in any sort of car accident, as the driver or passenger, you need help. Call and speak with an experienced car accident lawyer in Texas. They’ll review your case and let you know the best way to proceed. They can also give you an idea of what your case is worth.

Call Brent Coon & Associates today and schedule your initial consultation. It’s absolutely free and you pay nothing until your case settles.

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