Can an Injured Passenger File a Claim After a Texas Car Accident?

Yes. If you were injured as a passenger in a Texas car accident, you may be able to pursue compensation when another person or company caused the crash. Because you were not controlling either vehicle, the main issues often involve who caused the collision, which insurance policies apply, and how your injuries and financial losses can be documented.

A passenger injury claim may involve the driver of another vehicle, the driver of the vehicle in which you were riding, or more than one responsible party. Insurance coverage can also come from several sources, depending on the facts and the policies involved.

If your accident happened in Galveston, Texas, Zendeh Del & Associates PLLC can review the collision, available insurance coverage, medical expenses, lost income, and filing deadlines that may affect your claim.

Learn more about Galveston car accident claims:

https://www.galvestonjustice.com/galveston-car-accident-lawyers/

Can a Passenger File a Personal Injury Claim in Texas?

Yes. You do not lose the right to pursue compensation simply because you were a passenger.

If another person failed to use reasonable care and caused the crash, you may have a personal injury claim for losses that are legally recoverable under Texas law.

Passenger claims often arise from conduct such as:

• Speeding
• Following too closely
• Failing to yield
• Making an unsafe lane change
• Distracted driving
• Running a traffic signal or stop sign
• Driving too fast for road or weather conditions
• Other negligent driving

Some crashes involve more than one responsible party. A commercial driver, employer, vehicle owner, or another person or company may also need to be investigated when the facts support a legal basis for responsibility.

The key question is not whether you were driving. The key question is whether another party caused or contributed to the collision and your injuries.

Can You File a Claim Against the Driver You Were Riding With?

Yes, depending on the facts.

If the driver of the vehicle in which you were riding caused or contributed to the crash, you may be able to pursue a claim involving that driver's automobile liability coverage.

This situation can feel uncomfortable when the driver is a friend, relative, coworker, or another person you know. In many cases, the claim is handled through available insurance coverage rather than by asking the driver to personally pay your medical bills and other losses.

For example, suppose you are riding with a friend on Broadway Avenue in Galveston. Your friend looks at a phone, enters an intersection when it is not safe, and collides with another vehicle. If that conduct caused the collision and your injuries, the driver's liability coverage may become a source of compensation, subject to the policy terms, coverage limits, and facts of the case.

Your relationship with the driver does not automatically eliminate a possible claim. The evidence and insurance policy still need to be reviewed.

What If Both Drivers Share Fault for the Crash?

More than one driver can share responsibility for the same Texas car accident.

Texas uses a proportionate responsibility system. Under Texas Civil Practice and Remedies Code Chapter 33, responsibility can be assigned among parties based on their share of fault. A claimant generally cannot recover damages if the claimant's percentage of responsibility is greater than 50 percent.

For many injured passengers, the dispute is not about whether the passenger caused the crash. Instead, two or more insurers may disagree about how much responsibility each driver should carry.

Evidence that may help determine fault includes:

• Police crash reports
• Photographs of the vehicles and roadway
• Video from the crash scene
• Witness statements
• Vehicle damage patterns
• Traffic camera or business surveillance footage
• Electronic vehicle data when available
• Medical records connecting the injuries to the collision

When several parties may share fault, preserving evidence early can help establish what happened before video is deleted, vehicles are repaired, or witnesses become harder to locate.

Learn more about personal injury claims in Galveston:

https://www.galvestonjustice.com/galveston-personal-injury-lawyers/

What Insurance May Cover an Injured Passenger?

The answer depends on the drivers, vehicles, policies, and circumstances of the crash. A passenger injury claim can involve more than one type of automobile insurance coverage.

Possible sources include:

• Bodily injury liability coverage from a driver who caused the crash
• Personal Injury Protection, commonly called PIP, when the passenger qualifies for coverage
• Uninsured motorist coverage when an at-fault driver has no applicable insurance
• Underinsured motorist coverage when an at-fault driver's available liability coverage is not enough for the covered loss
• Medical Payments coverage when it is available under an applicable policy
• Health insurance for medical treatment, subject to the plan terms and any reimbursement rights

Texas Insurance Code Section 1952.152 requires automobile liability policies issued in Texas to provide PIP coverage unless a named insured rejects that coverage in writing. Texas law also addresses uninsured and underinsured motorist coverage, including written rejection requirements.

Whether a particular passenger qualifies for PIP, UM, UIM, or another benefit depends on the policy language and the facts. Reviewing the actual policies is the safest way to determine which coverage may apply.

Who Pays a Passenger's Medical Bills After a Car Accident?

The at-fault driver's liability insurer does not necessarily pay every medical bill as soon as treatment occurs. Liability insurers commonly investigate fault, injuries, treatment, causation, and damages before resolving a claim.

While the liability claim is pending, medical expenses may be addressed through available sources such as:

• PIP benefits
• Health insurance
• Medical Payments coverage
• Other applicable insurance
• Payment arrangements with medical providers

You may continue receiving medical bills, insurance statements, explanation-of-benefits forms, or collection notices while the claim is being evaluated.

Keep copies of:

• Medical bills
• Medical records
• Insurance statements
• Prescription receipts
• Therapy or rehabilitation records
• Mileage or transportation records related to treatment
• Letters involving health insurance reimbursement or medical liens

These records can help document the financial effect of your injuries and identify reimbursement issues that may need to be addressed before a settlement is finalized.

Read more about medical bills after a Galveston car accident:

https://www.galvestonjustice.com/blog/who-pays-medical-bills-after-galveston-car-accident/

What Compensation May Be Available to an Injured Passenger?

The damages available in a Texas passenger injury claim depend on the evidence, the nature of the injuries, the available insurance, and the effect the crash has had on your life.

Depending on the facts, legally recoverable damages may include:

• Past medical expenses
• Future medical expenses
• Lost wages
• Loss of earning capacity
• Physical pain
• Mental anguish
• Physical impairment
• Scarring or disfigurement
• Other accident-related losses supported by the evidence

No specific settlement amount can be assumed from the type of accident alone.

Medical documentation, treatment history, wage records, long-term limitations, insurance limits, and the strength of the fault evidence can all affect how a claim is evaluated.

What Should a Passenger Do After a Texas Car Accident?

Start with your health. Seek medical care when you need it, especially if you experience pain, dizziness, numbness, weakness, headaches, confusion, or other symptoms after the crash.

When circumstances allow, take steps to preserve evidence and records:

• Get the names, contact information, and insurance information of all drivers.
• Photograph the vehicles, damage, roadway, traffic signals, signs, and surrounding area.
• Ask witnesses for their names and contact information.
• Save photographs and videos from the scene.
• Keep damaged personal property when it may help document the collision.
• Keep medical bills, work records, insurance letters, and receipts.
• Give accurate information, but avoid guessing about facts you do not know.
• Review any release carefully before signing it.

Do not assume that evidence is unnecessary because you were only a passenger. Insurance companies can still dispute how the crash happened, which driver was responsible, whether the collision caused a particular injury, or whether treatment was related to the accident.

How Long Does an Injured Passenger Have to File a Claim in Texas?

Texas Civil Practice and Remedies Code Section 16.003 generally requires a personal injury lawsuit to be filed no later than two years after the cause of action accrues.

That general rule does not mean every case has the same deadline. The facts can affect when a claim accrues, and some cases may involve different notice requirements or exceptions.

Claims involving a governmental entity can have separate notice rules. Other legal issues can also affect the deadline.

Waiting can make a case harder to investigate even when the limitations period has not expired. Surveillance video can be overwritten, vehicles can be repaired, physical evidence can disappear, and witnesses can become harder to find.

Early review can help identify the deadline that applies to your situation and preserve evidence while it is still available.

How Can a Galveston Car Accident Lawyer Help an Injured Passenger?

A lawyer can help you identify the legal and insurance issues that apply to your passenger injury claim.

That work may include:

• Investigating how the collision happened
• Identifying potentially responsible parties
• Preserving photographs, video, and other evidence
• Reviewing automobile insurance policies
• Gathering medical records and bills
• Documenting lost income
• Communicating with insurance companies
• Identifying medical liens or reimbursement claims
• Reviewing settlement offers and releases
• Filing a lawsuit when needed to protect your legal rights

Passenger claims can involve several insurers. One insurer may blame another driver. A policy may have limited coverage. A commercial vehicle, employer, rideshare company, or another party may also be involved.

A claim that looks simple at first can become more complicated once fault, policy language, medical expenses, and multiple sources of coverage are reviewed together.

Information about attorney Jonathan Zendeh Del:

https://www.galvestonjustice.com/attorney-jonathan-zendeh-del/

Speak With a Galveston Car Accident Lawyer About Your Passenger Injury Claim

If you were injured as a passenger in a car accident in Galveston, Texas, Zendeh Del & Associates PLLC can review the crash, possible sources of insurance coverage, medical expenses, lost income, and legal deadlines that may affect your claim.

The firm handles personal injury matters from its Galveston office and can help you understand the next steps based on the facts of your accident.

Call (409) 215-7500 to discuss your situation.

Contact Zendeh Del & Associates PLLC:

https://www.galvestonjustice.com/contact-us/

This article is for informational purposes only and is not legal advice. Every case depends on its specific facts. Speak with an attorney about your situation.