When someone you love causes a crash, being a passenger can feel like being stuck between a rock and a hard place. You need medical care and financial support to regain stability, but you don't want to strain cherished relationships in the process.
At Keller & Keller, we understand this dilemma. Our skilled New Mexico car accident lawyers know how to pursue recovery for injured passengers while preserving the bonds that matter most. Here’s what you should know.
Can I Really File a Claim Against a Friend or Family Member?
Many injured passengers hesitate to take legal action against friends or relatives. But here's the truth: you're not suing them personally. You're simply asking their insurance to cover the costs of an accident they caused. That's why they pay for coverage in the first place.
How the Claims Process Works
In most cases, your claim will be resolved entirely between you, your attorney, and the relevant insurance companies. Your friend or relative may have to answer some questions or give a statement, but they won't be required to pay out of pocket for your expenses. Their insurer will handle everything.
Why Letting It Go Could Cost You More Than Money
Skipping a claim may seem noble in the short term, but it can have long-term consequences. If your injuries are more severe than you realize, you could end up facing a mountain of debt—not to mention prolonged pain and lost opportunities. Ultimately, that takes a toll on your life and relationships, too. Receiving fair compensation from the outset is the most beneficial choice for everyone.
How Do I Protect Myself as an Injured Passenger?
Safeguarding your rights after a passenger injury is crucial, even when a close friend or family member is at fault. Here are some key steps to take:
- Seek immediate medical attention and follow all treatment recommendations
- Gather evidence from the scene if possible (photos, witness contact info, etc.)
- Notify the at-fault driver's insurer that you intend to file a claim
- Keep detailed records of all accident-related expenses and communications
- Avoid discussing the accident on social media or with insurance adjusters
- Consult an experienced car accident attorney before accepting any settlement
What if I Feel Partly to Blame for the Crash?
Comparative negligence is a legal concept that allows fault to be shared among multiple parties. As an injured passenger, you might worry that your own actions contributed to the crash—maybe you distracted the driver or failed to wear a seatbelt.
The good news is that passengers are rarely found liable for significant damages. New Mexico law also follows the pure comparative negligence rule, which allows you to recover damages even if you're found to be partly at fault. However, your percentage of fault will proportionally reduce your compensation.
For example, if you're deemed 10 percent responsible for a crash that caused $100,000 in damages, you could still recover $90,000. An experienced attorney can help minimize any allegations of comparative fault against you and fight for the maximum compensation you deserve.
What if My Loved One's Insurance Won't Cooperate?
Sadly, insurers don't always play fair with injured passengers—especially when emotions and loyalties are involved. They may try to downplay your injuries, shift blame, or make lowball offers, hoping you'll give up and go away.
Don't fall for it, and don't try to go it alone. An experienced New Mexico car accident lawyer can:
- Gather evidence to build an unassailable claim
- Handle all communications and negotiations with insurers
- Fight unfair denials and underpayments
- Pursue alternative paths to justice if needed
Will Getting an Attorney Make Things Worse?
On the contrary, partnering with a skilled attorney often leads to faster, fairer resolutions with less stress on delicate relationship dynamics. Your lawyer can serve as an objective advocate and diplomatic buffer, allowing you and your loved one to focus on healing.
Maximizing Compensation From All Available Sources
Sometimes the at-fault driver's insurance isn't enough to fully compensate an injured passenger. But additional sources of recovery may exist, such as:
- Your personal injury protection (PIP) or MedPay policy
- Your own uninsured/underinsured motorist (UM/UIM) coverage
- Third-party claims against other liable entities
A savvy attorney will explore every potential avenue to make you whole without unnecessary hardship for the friend or relative who hit you.
Seeking Justice With Compassion
Being a passenger injured by a loved one's negligence is uniquely challenging. But you don't have to choose between your physical recovery and your relational well-being. With proper legal guidance, it's possible to pursue the compensation you deserve without guilt or conflict.
At Keller & Keller, we've helped countless injured passengers navigate these sensitive situations. We know how to balance your personal, medical, and financial needs with wisdom and care. Our experienced New Mexico car accident lawyers will listen to your story, explain your rights, and fight for the full, fair recovery you need to rebuild your life—and nurture the relationships you treasure.
