Were You a Passenger in a Delaware Car Accident? You Have Legal Rights, Too

Passengers Can Have Claims Even When They Weren't Driving Either Vehicle

Passengers have almost no control over how a crash happens. You're not steering, choosing the speed, watching the traffic signal, or deciding when to change lanes. But when a Delaware car accident happens, you can suffer the same serious injuries as either driver.

Being a passenger doesn't leave you without options. Depending on how the collision occurred, you may have access to Personal Injury Protection benefits and a separate claim against one or more drivers whose negligence caused your injuries.

That can include the driver of the vehicle you were riding in, another driver, or multiple drivers when more than one person contributed to the crash.

Our Georgetown car accident lawyers at Gill, Welsh, and Chamberlain, P.A. have represented injured people throughout Delaware since 1983. For a passenger, one of the first tasks after a serious collision is identifying all insurance policies and all legally responsible parties, rather than assuming only one claim exists.

A Passenger Can Bring A Negligence Claim Against The Driver Who Caused The Crash

If another driver's negligence caused your injuries, you can pursue a claim against that driver.

The same principle can apply if the negligent person was driving the vehicle you were riding in.

For example, imagine you're riding with a friend who looks down at a text message and rear-ends a stopped vehicle. Your friendship doesn't erase the driver's duty to use reasonable care. If that negligence injures you, the driver can be legally responsible for the resulting damages.

In practice, automobile liability insurance often provides the primary source of payment up to the applicable policy limits. The insurer generally handles the defense and payment of covered claims. But it's more accurate to say that you're asserting a claim based on the driver's legal responsibility, not that the driver is completely removed from the claim.

Your First Insurance Benefits May Come From PIP Rather Than The At-Fault Driver

Delaware's automobile insurance system includes Personal Injury Protection, commonly called PIP.

Under 21 Del. C. § 2118, Delaware-registered vehicles generally must carry PIP benefits of at least $15,000 for one injured person and $30,000 for all people injured in one accident.

The statute specifically makes this coverage applicable to each person occupying the insured vehicle.

That means a passenger doesn't ordinarily have to wait for the two drivers' liability insurers to finish arguing over who caused the accident before PIP-qualifying expenses can be addressed.

What Can Delaware PIP Pay For A Passenger?

PIP isn't limited to the emergency-room bill.

Delaware law generally covers reasonable and necessary qualifying expenses incurred within two years after the crash, including:

• Medical and Hospital Care: Hospital treatment, physician care, surgery, dental treatment, medication, X-rays, ambulance costs, prosthetic services, and professional nursing.
• Lost Earnings: The net amount of income lost because the injury prevented the passenger from working, including qualifying self-employment income.
• Replacement Services: Extra expenses for personal services the injured passenger normally would have performed without the injury.
• Funeral Expenses: Qualifying funeral expenses up to $5,000 when the accident results in death.

The two-year rule also has a narrow provision for certain surgical or dental procedures that can't reasonably be performed within that period. A qualified medical practitioner must verify that, within the two years, the procedure will be necessary and medically ascertainable, but impractical or impossible to perform during that time.

That's more precise than assuming every future medical expense automatically remains open after the two-year PIP period.

PIP And A Claim Against The Negligent Driver Aren't The Same Thing

Receiving PIP benefits doesn't necessarily end a passenger's case.

Serious injuries can result in losses that exceed available PIP benefits. A liability claim against a negligent driver can potentially address additional damages supported by the evidence.

Depending on the circumstances, those damages may include:

• Medical expenses not otherwise paid through applicable no-fault benefits;
• Future medical care;
• Past and future lost income;
• Reduced earning capacity;
• Pain and suffering;
• Emotional distress; and
• Loss of enjoyment of life.

The amount of compensation available after a Delaware car accident depends on the injuries, available insurance, liability evidence, and the particular losses the passenger can prove.

A Passenger May Have Claims Against More Than One Driver

Some crashes don't have one clear negligent driver.

Suppose you're a passenger in a vehicle that enters an intersection too quickly while another driver runs a red light. Both drivers may have contributed to the same collision.

Delaware law recognizes claims involving multiple joint tortfeasors. Under 10 Del. C. Chapter 63, two or more people can be jointly or severally liable in tort for the same injury.

That allows a passenger to pursue the parties whose negligence caused the injury rather than having to choose one driver simply because two insurance companies are blaming each other.

The defendants can have their own disputes over their relative shares of responsibility and contribution between them. Those issues don't eliminate the passenger's right to establish which negligent parties caused the same injury.

Comparative Negligence Usually Looks Different For A Passenger

Delaware uses modified comparative negligence under 10 Del. C. § 8132.

If an injured person's own negligence contributed to the injury, damages are reduced according to that person's percentage of fault. Recovery is barred when the claimant's negligence is greater than the combined negligence of the defendants against whom recovery is sought.

For an ordinary passenger sitting properly in a vehicle, fault for causing the collision itself is often much less of an issue than it is for either driver.

But it would be too broad to say a passenger can never share responsibility for their injuries. Unusual facts involving the passenger's own conduct can create comparative-fault arguments. The evidence needs to be considered before assuming the passenger automatically receives a zero-percent fault finding.

You Can Have A Claim Even If The Negligent Driver Is A Friend Or Relative

This is one of the hardest parts of passenger cases emotionally.

Maybe your spouse was driving. Maybe it was your parent, adult child, sibling, or best friend. Filing a claim can feel like you're personally attacking someone you care about.

In many automobile cases, that isn't how the process works in practical terms.

If liability coverage applies, the driver's insurance carrier generally handles the claim and provides a defense subject to the policy. That's one of the reasons people carry automobile liability insurance in the first place.

But coverage should still be confirmed rather than assumed. Policy limits, exclusions, insured status, and other coverage issues can affect what happens.

A passenger also shouldn't sign a release simply to make an uncomfortable family situation disappear before knowing the full extent of the injuries. Once a claim is finally settled and released, additional compensation generally can't be demanded later because treatment turned out to be more extensive than expected.

Uninsured And Underinsured Motorist Coverage May Provide Another Layer

Sometimes the negligent driver's liability policy isn't enough.

The driver might have no valid insurance. A hit-and-run vehicle may be involved in the collision. Or the driver's liability limits may be lower than the passenger's total damages.

Delaware's uninsured and underinsured motorist statute, 18 Del. C. § 3902, may be relevant in such situations.

Delaware automobile policies generally include uninsured motorist coverage unless the named insured rejects that protection in writing. The coverage includes qualifying accidents caused by uninsured and hit-and-run vehicles.

Insurers must also offer additional coverage that includes underinsured motorist protection. Whether a passenger qualifies as an insured under a particular UM or UIM policy depends on the applicable policy and circumstances.

That means a serious passenger case shouldn't stop with the question, "How much liability insurance did the other driver have?" Other potentially applicable automobile policies may also need to be reviewed.

Do Not Settle With One Driver Without Considering The Other Claims

Multiple-driver cases create another issue that isn't obvious at the beginning.

Under Delaware's Uniform Contribution Among Tortfeasors Law, releasing one joint tortfeasor can affect the remaining claims and the amount ultimately recoverable from other responsible parties.

Underinsured motorist claims can add another layer because Delaware law also addresses what happens when an injured person settles with one tortfeasor while pursuing UIM benefits.

That doesn't mean passengers shouldn't settle claims. It means the consequences of the release should be understood before signing it.

An early offer from one driver's insurance company may look attractive while medical bills are arriving, but the value of resolving that piece of the case can't be evaluated in isolation when another driver or another policy may also be involved.

What Should A Passenger Do After A Delaware Car Accident?

You may not have been responsible for documenting the scene at the time of the crash, but there are still useful steps you can take afterward.

• Get Appropriate Medical Care: Tell your medical providers where you're hurting and how the symptoms developed after the crash.
• Identify Every Driver And Vehicle: Obtain insurance and contact information for the vehicle you occupied and any other vehicles involved.
• Preserve Photos And Video: Keep any photographs of the vehicles, scene, visible injuries, or other relevant evidence.
• Get the Crash Report: The report can help identify drivers, insurers, witnesses, and the officer's observations.
• Keep Your Bills And Wage Records: PIP and liability claims can involve different categories of financial loss.
• Be Careful With Recorded Statements: An insurance company may ask questions about your injuries, prior medical history, or what you observed before the crash.
• Review A Settlement Before Signing A Release: A release can affect claims against other drivers or insurers as well as the claim being settled.

These are also consistent with the broader steps that can protect a Delaware car accident claim while evidence is still available.

Delaware Generally Gives You Two Years To File A Personal Injury Lawsuit

Under 10 Del. C. § 8119, an action for damages based on personal injuries generally must be filed within two years after the injury occurred.

That lawsuit deadline is separate from the rules governing PIP expenses, insurance notices, and other claim requirements.

Two years can also be much longer than the useful life of some evidence. Vehicles are repaired, surveillance footage can disappear, witnesses become harder to find, and insurers can begin developing competing accounts of what happened almost immediately.

A passenger doesn't need to wait for the drivers to finish arguing about fault before investigating the claim.

Our Georgetown Car Accident Lawyers Can Sort Out Every Available Claim

Passenger cases can look simple because the passenger wasn't driving, but the insurance structure can be anything but simple.

There may be PIP benefits through the occupied vehicle, liability claims against one or more drivers, uninsured or underinsured motorist coverage, multiple insurers disputing fault, and settlement releases that affect more than one claim.

Gill, Welsh, and Chamberlain, P.A. has represented injured people in Georgetown, Sussex County, and throughout Delaware since 1983. Our lawyers can investigate the crash, identify available insurance coverage, determine which parties may be legally responsible, and evaluate a settlement before you give up any rights.

If you were injured while riding as a passenger in a Delaware car accident, contact us for a free personal injury consultation. We'll review what happened and explain which claims and insurance benefits may apply to your situation.