What to Do if You Are a Passenger Injured in a Car Accident in Georgia

Filing a Claim Against the At-Fault Party 

You, as the passenger, are not liable for the accident. Your personal injury claim will be the responsibility of the other driver’s insurance policy, or the car insurance policy of the driver you were with.  

Georgia is an at-fault state, which means the person responsible for the accident is responsible to pay for the damages. You can usually initiate a claim by going to the at fault driver’s insurance company’s website or calling them. Since you are not a driver involved in the crash, but a passenger and are filing under an insurance company that is not your own, this is called a third-party claim. 

Making a claim is a time-sensitive issue. In Georgia, there is a two-year statute of limitations to file a lawsuit after a personal injury. However, you will want to get the ball rolling much sooner, as building a case takes time and evidence may be lost if not followed up on immediately after the accident. Speaking with a car accident attorney as soon as possible after your crash can help ensure you don’t miss any critical deadlines. 

What if My Friend or Relative is at Fault for the Car Accident? 

Filing a claim may feel awkward if the person at fault is the person you were riding with. It’s important to remember that your friend or relative will not be the one paying for your medical bills, just their insurance company. This is the reason that they have car insurance coverage! 

You have a legal right to file a claim against the driver’s insurance policy as a passenger in a car with them. It may seem wrong, or uncomfortable, but you do not deserve to be responsible for the medical bills and treatment when you were injured in an accident that is their fault—not yours. 

What if it is Not Clear Who is at Fault? 

If the investigation to determine responsibility is unclear about who is at fault, then your next step is to file against both driver’s insurance policies. If partial blame is given to both drivers, then each insurance policy will pay out a portion to cover your medical bills. 

Only file a claim with both insurance companies if it is not clear who is at fault. If there is clearly one driver at fault, filing two claims may slow the process down.