If I was a passenger in a car accident in Connecticut, can I sue? This is a reasonable question, as post-accident activities usually focus on the drivers. Police officers take statements and photos of the scene. Witnesses discuss which driver did what. Insurance companies talk to drivers, but who talks to you? Who answers your questions if you’re an injured passenger and need to make a liability claim?

Connecticut personal injury lawyers understand the potential complications associated with injury claims. As a passenger, you’re an innocent victim. Still, you must rely on the involved drivers to file a claim with their insurers. This is especially important if both drivers contributed to the accident that caused your injury.

When working with a lawyer, they can handle the complications on your behalf. We prepared this FAQ to help you understand the issues and make the choice that’s right for you.

If I Was a Passenger in a Car Accident, Can I Sue?

Yes. If you’re a passenger and you’re injured in a car accident, you become an innocent victim. You have a legal right to recover damages from the driver who harmed you. Although this typically occurs through a car accident claim process, a lawsuit is one of several ways to recover injury-related damages.

Insurance companies resolve most car accident claims without litigation, but it’s not always a straightforward process. When you consult with a personal injury attorney, they can arrange to represent you and protect your legal rights. During the post-accident turmoil that follows a crash, you must take steps to protect yourself.

What should I do immediately after being a passenger in a car accident?

Your actions at an accident scene often set the tone for what happens with your claim. Once a driver dials 911 and requests an ambulance to take you to an ER, you should move to safety and wait patiently. Let the post-crash scene unfold without your intervention.

Here are a few things to consider:

• While you’re waiting for emergency transport, try to remain safe and silent.
• Even if you feel fine, seek emergency care or see your doctor to make sure you’re okay. Some injuries (internal damage, whiplash, etc.) don’t always show immediate symptoms.
• Follow your doctor’s orders. If you don’t, insurance adjusters will see your lack of follow-up as an indication that your injuries aren’t that severe.
• Consult with an attorney before you decide to handle your injury claim.

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What should I not say or do after a car accident?

Remember: whatever you say at an accident scene, you can’t take it back. Even before a police officer arrives to take your statement, the other driver, a witness, or a bystander might be listening to everything you say. If an insurance company contacts them during the investigation, they will likely repeat what they heard you say.

Once your words are out there, they don’t simply go away. They often come back to haunt you during the claim investigation or settlement negotiations. If you file a suit, a defense attorney may question you about your post-accident statements in a deposition or during court testimony.

Because you’re a witness (who just happens to be a passenger), an investigating officer will want to ask you questions. Whether they talk to you at the accident scene or visit you in a medical facility, you should only respond based on what you know for certain.

• As you’re a witness, a police officer will likely formalize your version in an accident report.
• Only answer a police officer’s direct questions with direct answers (just the facts.)
• Never guess the facts or speculate about fault.
• You weren’t driving, so accept that you might not know everything that happened before the crash.
• No matter what you say, a claims adjuster will see your version as “biased,” in favor of the person in whose car you were riding.

As a passenger, can I make a claim against both drivers in an accident?

In Connecticut, if you’re a passenger, liability for your damages is based on a driver’s negligence. If more than one person’s negligent actions contribute to an accident, both owe you for your injuries. Both of their insurers will handle your claim the way they would a standard liability claim.

The big difference is that you’ll be making a claim against the person in whose car you were a passenger. This could be a friend, relative, or someone else you know. This can make the process awkward as any damages their insurer pays will be based on their negligent actions.

While most insurance policies have similar coverages and wording, the policy covering the car in which you were riding may exclude certain situations.

• If you’re riding with a fellow employee while in the course and scope of your employment
• If you are a resident relative (living with the vehicle owner), you might be considered an insured under certain policy provisions. As an insured, you can’t make a liability claim.
• If the owner is transporting you as a business-related activity (Uber, Lyft, etc.)
• If you make an uninsured motorist or underinsured motorist claim, coverage may be excess over any other coverage that may apply.

Of course, coverage isn’t always this complicated. Still, you should consider consulting a legal representative to help you work through any potential issues. If coverage issues exist, an insurer typically addresses them with its policyholder. You need to understand if an insurance company recognizes your claim as valid and may offer you a settlement in the future.

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How can I prove liability?

You shouldn’t have to prove liability. As a passenger, you weren’t in a position to cause or contribute to the accident. Both auto insurers should recognize that you’re an innocent victim and that one or both drivers are liable for your damages.

It’s up to the insurers to figure out what percentage each driver owes you for damages based on Connecticut’s Comparative Responsibility statutes. They investigate each accident independently. Then negotiate a settlement based on their evaluation. Depending on their claim process and timing, they may leave you waiting and wondering about their decision.

How does the auto insurance claim process work?

As you’ll be dealing with two insurance companies, you may encounter two vastly different auto insurance claim-handling strategies. The process begins when an insured files a car accident claim. Once the claim department receives it, a manager or supervisor assigns it to an adjuster to investigate and resolve. Some insurers outsource investigations to independent claim services.

A liability claim investigation may include:

• Statements from drivers and witnesses
• Police and EMT reports
• Accident scene photos
• Vehicle inspections
• Expert evaluations as necessary (accident reconstructionist, black box analysis, etc.)

Once the insurers evaluate the evidence, they decide whether to pay you or deny your claim. Because you’re a passenger, they realize you have no liability. That doesn’t automatically mean they’ll make a fair offer, or any offer at all.

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Can a passenger be a witness in a car accident?

Yes. You are a witness, even if insurers consider you a biased witness. You might not have seen everything that happened before the crash, but you were in the middle of it. You heard or saw something. You felt the impact. Insurers want to know everything you know about the accident, as they must protect their policyholders and minimize loss payments.

Claims adjusters from both drivers’ auto carriers will contact you during their investigation. They will want your version of the accident, your injury information, and written permission to obtain your medical documentation. They may also want to ask questions about the accident and record your responses. They might call this process something other than a recorded statement, but that’s what it is.

Should I give a recorded statement to the insurance adjuster?

No. As with spontaneous statements you make immediately following an accident, once you say something you can’t take it back. When a claims adjuster takes your statement, they are assessing you as a witness and a claimant. They also want to know your version of the accident, and they want to hear you discuss your injuries. They might ask your opinion on fault. They might also discuss your medical treatment to confirm your injury severity.

If you’re on medication, it might alter your capacity to understand the question, and you might respond inappropriately. If you don’t understand the intent behind an adjuster’s questions, your answers may jeopardize your claim. Whatever you say during a recorded statement, the adjuster will have a permanent record of everything you say.

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When will the claims adjuster settle my claim?

If two insurers are involved in resolving an injury claim, the timing and outcome can be unpredictable. While they’re investigating your claim, they can’t or won’t tell you if or when they might settle your claim. One insurer may decide their driver was 49% at fault for the accident and offer you 51%. The other insurer may decide that their insured was negligence free and offer you nothing.

The two insurers don’t have to agree on negligence percentages, but if they do, it simplifies the settlement process. In a more optimistic scenario, both insurers might agree that each owes 50%. Alternatively, if one insurer agrees their policyholder was 100% at fault, it eliminates the comparative negligence problem.

Injury values can be a settlement obstacle

If two insurers agree on your injury value, it can eliminate a major obstacle to settlement. Insurers decide independently what they believe your injury claim is worth. Each uses their own evaluation strategy, and they won’t necessarily agree.

• A seasoned adjuster might evaluate damages based on their experience with similar claims.
• Some companies use longstanding claim formulas to determine non-economic damages (for example, 4 times the economic damages).
• More companies are allowing claim software or AI technology to decide liability and claim values.

After an insurer decides your claim’s injury value, they may or may not make you an offer. Some insurers wait for you to make a formal demand before they negotiate. If you don’t make a demand, they may never make an offer.

You might notice that your claims adjuster isn’t a very savvy negotiator. This is one of the realities of high claim staffing turnover. Some adjusters may sound confident, even when they haven’t a clue as to what they’re doing. That’s often because inexperienced negotiators don’t understand the issues, but it’s still their job to settle cases.

Until an adjuster gains experience, they may have no settlement authority. When they make an offer, they’re usually following negotiation strategies handed down by a supervisor or manager. If a company uses technology to evaluate injury claims, its system establishes the settlement range.

What is the role of a personal injury attorney in a car accident case?

Life gets complicated the moment you’re injured in a car accident. It’s a personal injury attorney’s job to handle the legal complications while you take time to heal. Once you establish a working relationship, they begin taking steps to protect your legal rights. Legal professionals perform a long list of services.

• Conduct an investigation
• Place the responsible parties on notice of your claims
• Obtain your medical documentation
• Evaluate your injuries through research and case reviews
• Deal with liability insurers on your behalf
• Evaluate potential coverage issues
• Monitor key dates such as your statute of limitations
• Make a settlement demand
• Negotiate your case
• Resolve your claim through negotiation, litigation, or Alternative Dispute Resolution
• Complete the settlement paperwork and obtain your settlement payment

Connecticut lawyers handle car accident claims on a contingency basis. When they accept your case, they agree to the billing standards outlined in Connecticut General Statutes. They work on your case for months or even years, but they never bill you for their services until they resolve your claim.

If You Were a Passenger in a Car Accident, Contact a Connecticut Car Accident Attorney

If you were injured in an accident while you were a passenger, contact a personal injury attorney. They will discuss your case during a free consultation. You’ll have an opportunity to talk about your accident and injuries and learn more about your legal options.