One minute youāre sitting in the passenger seat, minding your own business. The next, your world is turned upside down by a crash you didnāt cause.
Now youāre facing medical bills, missed work, and a long road to recovery. Who pays? How much is your claim worth? And how do you make sure the insurance company doesnāt shortchange you?
Many injured passengers turn to car accident settlement calculators for quick answers. These online tools might give you a rough estimate, but they donāt tell the whole story. A settlement calculator can add up medical bills and lost wages, but it canāt account for pain and suffering, the complexities of multiple at-fault drivers, or the insurance companyās tactics to minimize your payout.
At Crosley Law, our car accident attorneys have helped injured passengers recover millions of dollars in compensation. We know how to take on insurance companies, break through their red tape, and ensure our clients get the settlements they deserveānot just what an algorithm predicts.
If youāre wondering how much your case is worth, hereās what you need to know.
Understanding car accident settlements
The at-fault partyās insurance company is supposed to compensate victims for their losses after a crash. A fair settlement should cover medical expenses, lost wages, and pain and suffering. However, just because the insurance company is responsible doesnāt mean theyāll offer you the full amount you deserve.
You have two ways to pursue compensation:
- Negotiate with the insurance company directly, but be prepared for lowball offers and delay tactics.
- Hire an experienced car accident attorney who knows how to maximize settlements and fight back when insurers refuse to play fair.
Should I use an online personal injury settlement calculator?
The settlement process is complex, and most people donāt realize how much theyāre entitled to. And while an online settlement calculator might quickly give you a number, it probably won’t be that accurate.
Many factors go into calculating a passenger’s settlement value. Some of them are relatively simple, like past-due medical expenses and lost wages. Others are much more complicated, like calculating punitive damages and a lifetime of lost wage-earning capacity and medical care. If you accept the first offer you get, you canāt go back and ask for more moneyāeven if your injuries turn out to be more serious than you initially thought.
An experienced personal injury lawyer can accurately calculate your losses. They can also pinpoint each and every insurance policy that applies to your claim, helping you get the money and care you deserve.
We always recommend talking to a personal injury lawyer before signing anything. A settlement calculator can give you an estimate, but only an experienced attorney can ensure you get the full amount youāre owed.
Passengers often have strong injury claimsābut that doesnāt mean insurance companies pay fairly
As a passenger, you typically have a strong injury claim. You werenāt driving, so itās almost never your fault. But that doesnāt mean getting compensation will be easy.
The first challenge is figuring out who should pay your claim. If the driver of your vehicle was at fault, their liability insurance should cover your damages. If another driver caused the crash, their insurance policy would be responsible. In multi-vehicle accidents, both drivers may share the blame, which means you might need to file claims against multiple insurance companies.
Texas follows a modified comparative fault rule, which means any driver found to be more than 50% at fault must pay damages. This rule does not apply to passengers, but it can still affect how settlements are paid outāespecially in cases where multiple drivers share responsibility.
Another common issue is insurance limits. Texas requires drivers to carry a minimum of $30,000 per person, with a total accident limit of $60,000. If multiple people are injured in the crash, that $60,000 has to be divided among everyone filing claims. If the available coverage isnāt enough, you may need to tap into your own uninsured/underinsured motorist coverage (UIM).
Insurance companies donāt make this easy. Whether itās your own insurer or the at-fault driverās, theyāll do whatever they can to minimize their payout. Weāve seen cases where insurance adjusters offered passengers nothingāonly to turn around and pay six- and seven-figure settlements after aggressive legal action.
If an insurance adjuster tells you your claim isnāt worth much, donāt take their word for it. Get a second opinion from a legal team that fights for passengers.
How are passenger car accident settlements calculated?
Your settlement should cover all damages related to the accidentānot just the bills youāve already received, but also future expenses, lost income, and pain and suffering.
One of the biggest mistakes passengers make is settling too early. Insurance companies want to close cases fast before you fully understand the long-term impact of your injuries. But what if your injuries donāt heal as expected? What if you need ongoing treatment, physical therapy, or additional surgeries?
At Crosley Law, we work with medical experts to estimate the full cost of your recovery before we even start negotiating with the insurance company. That way, we make sure you donāt settle for less than what you truly need.
Pain and suffering damages can be even harder to quantify. Unlike medical bills, thereās no set number for physical pain, emotional distress, PTSD, or lost quality of life. A fair settlement should reflect the full impact of your injuriesānot just what the insurance company wants to pay.
Insurance adjusters use formulas to calculate pain and suffering, but these often underestimate the true cost of an injury. Thatās why having an experienced personal injury attorney is so importantāwe know how to prove the real impact of your injuries and demand fair compensation.
CASE STUDY: $530K policy limits settlement won after serious crash with multiple victims
What if there were multiple injured passengers?
When multiple passengers are injured in the same crash, things get complicated fast. Insurance policies have payout limits, meaning the more people filing claims, the thinner the available compensation gets stretched.
For example, if three passengers were injured in a crash, and the at-fault driver only has $60,000 in total coverage, that money has to be divided among all three claims. If your medical bills alone are $40,000, that $60,000 might not even be enough to cover your claimālet alone anyone elseās.
If at-fault parties do not have enough insurance to cover your costs, you might be able to seek compensation through your own insurance as well. We recommend all drivers to have the following policies:
- Uninsured/underinsured motorists (UIM): covers costs when an at-fault party does not carry the minimum required insurance.
- Personal injury protection (PIP): covers injuries no matter who is at fault. PIP coverage can supplement or sometimes replace an at-fault driverās policy if itās too low or non-existent.
- Medical Payments (Med Pay): similar to PIP, Med Pay coverage doesnāt depend on who is at fault. However, it only covers medical bills and is usually quite limited.
As an injured passenger, you also might be able to file personal injury claims against your driverās UIM and PIP insurance coverage, regardless of who was at fault.
Multiple injuries and multiple claims can quickly complicate a case. Working with an experienced lawyer can help you pursue all available avenues of compensation.
What if a commercial vehicle was involved in the accident?
Drivers of semi-trucks and delivery vehicles can be assigned fault in an accident just like anyone else, but there is a higher chance of additional parties being involved in the claim as well.
The company a commercial driver was operating for might also hold liability. Other third parties such as cargo loaders or equipment providers could also share responsibility if their actions or negligence contributed to an accident.
While an expanded pool can be helpful toward receiving all the compensation you deserve, filing claims against commercial defendants can add more complexities. These companies are prepared to fight, often with experienced lawyers and crisis management teams who know how to try shifting blame away from their clients.
If you were injured in an accident involving a commercial driver, you need a lawyer who is experienced with these cases. Crosley Law regularly represents passengers injured by commercial vehicles, and weāre always willing to discuss your case with you.
What if you were in a rideshare accident?
If you were injured while riding in an Uber or Lyft, your case may involve multiple layers of insurance coverage.
Uber and Lyft carry $1 million in liability coverage, but this only applies in certain situations. If the rideshare driver was actively transporting passengers or en route to pick someone up, the full coverage applies. If they were simply logged into the app but waiting for a ride request, lower coverage limits apply. And if they werenāt logged into the app, their personal insurance must cover the claimāwhich can lead to disputes over who is actually responsible for paying.
Rideshare companies donāt make this easy. Theyāll try to shift blame, downplay your injuries, or drag out the claims process. If youāre dealing with an Uber or Lyft accident, donāt try to handle it aloneāget a lawyer who knows how to hold rideshare companies accountable.
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Get the settlement you deserve, not a lowball offer
If youāve been injured as a passenger in a car accident, donāt rely on an online settlement calculator to tell you what your case is worth. These tools provide generic estimates that donāt account for the complexities of real-world personal injury settlements.
At Crosley Law, weāve helped injured passengers recover millions of dollars, and we know how to take on insurance companies, rideshare giants, and negligent drivers who try to avoid responsibility.
You donāt have to navigate this alone. We offer free consultations, and you wonāt pay anything unless we win your case. Call (210) 529-3000 or fill out our online form to discuss your case today.
Letās make sure you get the compensation you deserve.
The contentāÆprovided here isāÆfor informational purposes only and should not be construed as legal advice on any subject.