When talking about a car accident, considering the damages only to the driver would not be fair on the part of other passengers who were in the damaged car.
While the claim of the drivers can be cut by the proportionate percentage depending upon the contributory negligence, the passengers can claim their damages in full. The doctrine of “volenti non fit injuria” comes into play in these scenarios.
Let’s understand this with an example: You and your friend go to a party where your friend gets drunk and to go back home you get into his car even after knowing that he is drunk. On the way back, your friend slams the car in the divider and you suffered injuries. In this case, you won’t be able to recover damages as before entering the car you knew that your friend is drunk and, thus, can meet with an accident. Fixing an exact monetary value to your damages other than property and bodily injury is really difficult, but the following points can help you determine how much you can claim in a car accident.
Sue the Parties
Right after an accident, the third party (passenger) may sue either the driver of its car or driver of the other car or both, depending on choice. In addition, the third party, who is the passenger, can recover the medical expenses and other property damages in full, including, the general damages such as mental anguish, loss of income, loss of job etc. can be recovered. These will be divided amongst the parties at fault, in proportion to their fault.
Skills of your attorney and the sensitivity of the jury play a crucial role in calculating your general damages.
Hiring a Lawyer
Unless you have all the expertise in car accident claim field, you would require hiring a lawyer to get the most for your damages. When we say sue the parties we are not talking about the persons but their respective insurance agencies, as they will be the ones who will be working to minimize your claim. Discussing the matter with authorities making the first report of the accident, obtaining evidence and taking their contact information is the part you must play in your personal capacity and which can help you have a step ahead.
So if you are asking how much money can a passenger or the third party can claim in a car accident, the above text can help you have a fair idea about the case. If the person, who was found negligent, was extremely careless then you might get a huge monetary reward.
Originally posted 2017-11-12 09:03:41.
