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What Happens if I Am Injured as a Passenger in a Car Crash in San Antonio

Being injured as a passenger in a car crash can be a confusing and overwhelming experience. Unlike drivers, passengers have no control over the events leading up to the accident, but they still face medical bills, lost income, and emotional distress. If you’re injured as a passenger in a car crash in San Antonio, understanding your legal rights and options for compensation is crucial. This article explores your rights, potential sources of compensation, and how the Law Office of Raul A. Guajardo can help you recover what you deserve.

Your Rights as an Injured Passenger in Texas

Passengers injured in a car crash in Texas have the same right to compensation as drivers. However, the process of filing a claim can involve multiple parties and legal complexities.

1. The Right to File a Claim

As an injured passenger, you can file a claim against the at-fault party’s insurance policy. This may include the driver of the vehicle you were in, the driver of the other vehicle involved, or both.

2. Protection Under Texas Law

Texas is a fault-based state for car accidents, meaning the party responsible for causing the crash is liable for damages. Passengers are rarely considered at fault, which strengthens their claim for compensation.

Learn more about Texas car accident laws from the Texas Department of Insurance.

3. Access to Personal Injury Protection (PIP)

If the driver of the vehicle you were in has PIP coverage, you may be able to recover compensation for medical expenses and lost wages, regardless of who was at fault.

Steps to Take After Being Injured as a Passenger in a Car Crash

Taking the right steps after a car crash is crucial to protecting your health and your legal rights.

1. Seek Immediate Medical Attention

Even if your injuries seem minor, see a doctor right away. Some injuries, like internal bleeding or concussions, may not show symptoms immediately. Medical documentation is essential for your claim.

2. Collect Information at the Scene

Gather the following:

  • Contact and insurance information for all drivers involved.
  • Photos of the accident scene, vehicles, and any visible injuries.
  • Names and contact information of witnesses.

3. File a Police Report

A police report provides an official record of the accident, which can be valuable evidence in your claim.

4. Avoid Speaking to Insurance Adjusters

Insurance companies may try to minimize your claim or shift blame. Speak with an attorney before discussing the accident with any adjuster.

5. Consult a Personal Injury Lawyer

An experienced lawyer can help you identify the liable parties, navigate the claims process, and negotiate a fair settlement.

Potential Sources of Compensation for Passengers

As an injured passenger, you may have multiple options for recovering compensation:

1. The At-Fault Driver’s Insurance

If another driver caused the accident, you can file a claim against their liability insurance policy. This covers damages such as medical bills, lost wages, and pain and suffering.

2. The Driver of Your Vehicle

If the driver of the vehicle you were in is found partially or fully at fault, you can file a claim against their liability insurance.

3. Your Own Insurance

If you have health insurance or uninsured/underinsured motorist (UM/UIM) coverage, you can use these policies to cover damages that exceed the at-fault party’s insurance limits.

4. Personal Injury Protection (PIP)

Texas drivers can add PIP coverage to their policies, which covers medical expenses and lost wages regardless of fault. Passengers injured in the accident may also be covered under this policy.

Challenges in Passenger Injury Claims

While passengers often have strong claims, certain challenges can arise:

1. Dealing With Multiple Insurance Companies

In accidents involving multiple vehicles, determining liability and negotiating with several insurers can be complex. A lawyer can help manage these negotiations.

2. Policy Limits

If the at-fault driver’s insurance policy has low limits, it may not fully cover your damages. An attorney can explore additional avenues for compensation, such as UM/UIM coverage or filing a personal injury lawsuit.

3. Potential Disputes Between Drivers

Drivers may blame each other for the accident, delaying the resolution of your claim. Your lawyer can gather evidence to clarify liability and expedite the process.

How the Law Office of Raul A. Guajardo Can Help

The Law Office of Raul A. Guajardo has extensive experience representing passengers injured in car accidents. Here’s how we can help:

1. Evaluate Your Case

We’ll review the details of your accident, identify liable parties, and determine the best strategy for recovering compensation.

2. Handle Complex Claims

Our team is skilled at navigating multi-party claims and negotiating with insurance companies to secure fair settlements.

3. Maximize Your Compensation

We’ll ensure all your damages are accounted for, including medical expenses, lost wages, pain and suffering, and future care needs.

4. Provide Personalized Support

We prioritize clear communication and personalized attention, keeping you informed at every step of your case.

Frequently Asked Questions About Passenger Injury Claims

What If Both Drivers Share Fault?

If both drivers are partially at fault, you may file claims against both insurance policies to recover compensation. The amount you receive will depend on their respective liability percentages.

Can I File a Claim if I’m Related to the Driver?

Yes, you can file a claim even if the driver is a family member. However, some insurance policies may have exclusions for household members.

How Long Do I Have to File a Claim?

In Texas, the statute of limitations for personal injury claims is two years from the date of the accident. Missing this deadline may forfeit your right to compensation.

Contact the Law Office of Raul A. Guajardo for Help

If you’ve been injured as a passenger in a car crash in San Antonio, don’t navigate the legal process alone. The experienced attorneys at the Law Office of Raul A. Guajardo are here to fight for your rights and secure the compensation you deserve.

Call us today at (956) 318-3200 or visit our website to schedule a free consultation. Let us handle the legal challenges while you focus on recovery.