Missouri Law on Passengers Suing Driver’s Insurance
Can Passengers Sue the Driver’s Insurance for Damages? Understanding Missouri Law
In Missouri, we hear a lot about those injured in car accidents, but you might not have heard much about the rights of a passengers in the cars involved in a collision versus the driver(s) / operator(s) of the cars.
Passengers who are injured in car accidents often can have more valuable claims even than the drivers. There are a couple main reasons for that. First, it would be rare that a passenger would be assigned any fault in a car accident. Second, if the driver of the vehicle you were a passenger in at the time you were injured was at fault or partially to blame, you can seek compensation from their insurance in addition to any other at fault drivers of other vehicles.
This would include single car accidents where you were a passenger such as if the driver of your vehicle fell asleep, struck a tree, or a sign. Obviously, you cannot make a claim to recover from a tree’s insurance company (the tree will not have insurance). So, while the driver cannot get a recovery, you as a passenger in their vehicle can make a claim against the driver’s insurance company.
The success of such claims can depend on the specific terms of the insurance policy and the details of the accident. For example, if the insurance policy excludes coverage for certain individuals, such as family members living in the same household as the insured, the passenger may not be able to recover damages. Any such coverage determinations and arguments can get very complicated. As a passenger injured in any motor vehicle, semi-truck, motorcycle, or other car accident, it is a good idea to at least discuss your options with an experienced injury law attorney.
Overall, while Missouri law provides a way for passengers to seek compensation from the drivers’ insurance companies, the outcome of such claims can vary based on the policy details and the circumstances of the accident.
If you are worried about ‘making a claim’ against a friend or family member after being injured in a car accident where you were a passenger in their vehicle, call us now. We assure a free, no-pressure, consultation. Often, after we talk through what really goes on in these circumstances, it is not what people thought before we spoke.
For more information:
What Is My Car Accident Case Worth?
Common Mistakes in Car Accidents & How to Avoid Them
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