Passenger Injury Lawyer

People call me all the time and say, “I wasn’t driving, so I figured I didn’t have a case.” Or, “The driver was my friend. I don’t want to sue my friend.” If you were riding in a car when it wrecked and you got hurt, you almost always have a claim. Passengers are rarely at fault for anything. You didn’t run the light, you weren’t on your phone, and you couldn’t hit the brakes.

I’m Robert Bates, a Kingsport trial lawyer. I represent passengers hurt in wrecks across the Tri-Cities and Northeast Tennessee, and you never have to leave home to hire me. If you were flown from the scene, read what a helicopter ride means for your case.

You may be covered by more than one insurance policy

A passenger’s case often has more insurance behind it than a driver’s. Depending on what happened, money can come from:

• The other driver’s liability insurance, if the other car caused the wreck.
• Your driver’s liability insurance, if the person you were riding with caused the wreck or helped cause it. When both drivers were careless, both policies can be on the hook.
• Uninsured and underinsured motorist coverage on the car you were riding in, if the driver at fault had no insurance or not enough.
• Your own uninsured motorist coverage, or a parent’s or spouse’s policy if you live in the same household. Your own coverage can follow you into someone else’s car.
• Medical payments coverage on the car’s policy, which can help with early medical bills no matter who was at fault.

Tennessee law and the policies themselves have rules about which coverage pays first and how much each one can add, and some policies have exclusions. Sorting that out is my job. It is one of the main reasons a passenger’s case is often worth more than people expect.

“But the driver was my friend”

I hear this one a lot, especially when the driver is a husband, wife, parent or close friend. Here is the truth: a claim against the driver is a claim against the driver’s insurance. That is exactly what they pay premiums for. In most cases the insurance company pays, not your friend. If you’re worried about it, call me and I’ll walk you through how it works before you decide anything.

Children riding as passengers

When a child is hurt riding in a car, a parent brings the claim on the child’s behalf. In Tennessee, a court has to approve a child’s settlement, which protects the child’s money. A parent’s own policy may come into play too, even if the child was riding with someone else.

Riding in an Uber, a bus or a work vehicle?

Rideshare companies like Uber and Lyft carry their own insurance for trips, and buses, vans and company vehicles usually carry commercial policies with higher limits. These cases come with their own rules, especially when a government vehicle like a school bus is involved, so call early.

What to do if you were hurt as a passenger

• Get medical care, and tell the doctor everything that hurts.
• Get the names and insurance information for both drivers, if you can.
• Take photos of both vehicles, where you were sitting, and your injuries.
• Don’t give a recorded statement to any insurance company, including your own driver’s, until you’ve talked with a lawyer.
• Keep every bill and every letter.

Common questions from passengers

Do I have a case if I wasn’t driving?

If you were hurt, almost always. A passenger gets blamed only in unusual situations, like knowingly riding with a drunk driver. Even then, Tennessee lets you recover as long as you are less than 50 percent at fault.

How long do I have to file?

In Tennessee, most injury claims must be filed within one year of the wreck. Don’t wait.

Can I hire you without leaving home?

Yes. You are always welcome to come see me at the office, but I know that can be hard, especially after a wreck. That is why most of my clients hire me without ever leaving home. You call or text, we talk it through, and you sign the paperwork on your phone, even from a hospital bed. My job is to take the stress off you and make this easy, while getting you every dollar I can as quickly as I can.