Rights of Injured Passengers in Auto Accident Cases

Passengers injured in automobile accidents have a right to recover compensation for their losses. It does not matter whether the driver of the vehicle in which the passenger was riding or the driver of another vehicle was at fault for the accident. In fact, a number of automobile insurance policies may be available to compensate an injured passenger. Of course, under some insurance policies, the passenger may be an excluded person. For instance, an automobile insurance policy with a passenger for consideration exclusion clause would not cover the passenger, who routinely paid the driver to take the passenger on errands or to an airport.

In most cases, insurance exists that will cover the passenger’s loss. In a two-car collision, in which the passenger is riding in car A, automobile insurance policies can be in effect for the drivers of both cars A and B. Further, the passenger may also be covered by his or her own policy. If car B was not insured, in most states, the insurance company of vehicle A has primary uninsured and underinsured motorist coverage for the passenger. The insurance company of a passenger in vehicle A has excess coverage for that passenger.

If a driver and his or her passenger want to sue another driver for negligence in an automobile accident, the driver and passenger may be able to use the same attorney. So long as the interests of the driver and passenger are not adverse, the dual representation is fine. However, if their interests are adverse, they cannot be represented by the same attorney, unless the nature of their interests are such that the attorney does not believe that they will affect the attorney’s duties to the passenger and driver and each of them consents after full consultation. Obviously, an attorney cannot simultaneously represent a driver and a passenger in automobile accident action if the passenger is pursuing a claim of negligence against the driver.

An automobile passenger can sue an insurance agent, who failed to obtain uninsured motorist coverage for a driver as the agent was contractually obligated to do. The passenger claimed that the agent’s breach of duty caused her to suffer directly as a third-party beneficiary of the breached obligation.

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- Martin E. Pulverman Raymond J. Pulverman
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RECENT VERDICTS AND SETTLEMENTS
- $4,375,772 Arbitration award to a man severely injured as a pedestrian after being abandoned on the side of Highway 101 at 2 a.m. He was struck and injured 20 minutes later by a hit and run motorist and lost a leg and survived a lengthy coma. His arbitration award was against his girlfriend who was negligent for abandoning him on the side of the road. She disputed any liability and blamed him for being drunk. The award was reduced by 50 percent because of his intoxication.
- $3,204,934 Verdict for a man who sued an insurance company for its unreasonable refusal to settle his claim for $100,000 (policy limits). The jury determined that the insurance company acted in bad faith and the court entered a judgment for the injured plaintiff. $2,200,000 Action against international cruise line for injuries suffered on an on-shore excursion based on negligent supervision of the shore excursion provider.
- $2,000,015 Mediated settlement for a man who suffered a crushed foot in a head-on collision in the desert. $2,000,000 Jury verdict for a female motorist hit by a truck on US 101. She sustained fractures to her pelvis, femur, tibia and fibula requiring surgery. $2,000,000 Recovered for a motorcyclist who was hit by a truck and sustained orthopedic and traumatic brain injuries.
- $1,250,000 Mediated settlement for a man injured in a motorcycle accident causing a broken foot, clavicle and punctured lung. Dispute over the extent of the injuries complicated by a previously undiagnosed diabetic condition. This represented the policy limits. $1,187,704 verdict on behalf of a bicyclist who sustained shoulder, knee and rib injuries by a truck driver who violated the bicyclist’s right of way.
- $1,100,000 Settlement for a man who was rear-ended by an underinsured motorist with a $25,000 liability policy. An additional $1,075,000 was recovered under the underinsured motorist policy. $1,010,866 A pedestrian walking out of a store in San Luis Obispo is struck by a motorist entering a parking space hitting the gas instead of the brakes causing a broken leg.
- $1,000,000 Mediated settlement for a man with a fractured pelvis injured in a freeway collision with a driver carrying minimum limits of coverage ($15,000). An employer paid an additional $735,000 for a total policy limit of $750,000. An additional $250,000 was recovered in underinsured motorist benefits (policy limits). $1,055,000 Mediated settlement for a young woman who suffered a fractured knee in the parking lot of an oil change service facility. $1,100,000 settlement for a motorcyclist who sustained a fractured tibia, fibula and ribs when he was struck by a car exiting a driveway. $1,100,000 settlement for a woman who sustained a mild traumatic brain injury as a passenger in a single car collision. $1,051,250 Plaintiff/passenger suffered a fractured femur from a high speed rear end collision. Plaintiff/driver suffered lacerations from flying glass. Defendant contended he suffered a seizure and alleged the sudden unanticipated emergency defense and was diagnosed with epilepsy.
- $815,000 Settlement for a man who suffered a herniated disc with an underinsured drunk driver who paid $15,000. An additional $800,000 was recovered under an underinsured motorist policy. $500,000 Mediated settlement for policy limits for a woman who broke her hip in a rear-end accident. The defense contended the injury existed before the accident and initially offered $51,000.
- $410,645 Mediated settlement in a motorcycle crash causing a rotator cuff injury. Disputed over pre-existing medical conditions. $235,000 Mediated settlement for a woman who slipped and fell on water at an auto dealership near a water fountain. $74,277 Verdict for a woman injured in an intersection accident. Dispute over the force of impact. The defense offered $30,000 forcing a trial. The court also awarded $28,547 in costs.
- $600,000 Settlement for a woman who sustained a shoulder injury in an intersection collision with a driver who ran a red light.
- $1,000,000 settlement for a motorcyclist who injured his leg by a car pulling out of a parking lot. $1,000,000 settlement for a motorcyclist who injured his leg by a car exiting a shopping center parking lot. $1,000,025 recovered for a woman who injured her shoulders and arms in an intersection crash.