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Do I have a case if I was involved in a car accident and was a passenger?

Yes, you may have a case if you were involved in a car accident and were a passenger. You may still file a claim against the driver’s insurance company. Be aware that these types of claims can be very complex, depending on your relationship with the driver. In cases like that, it is best to seek the help of an experienced car accident attorney. The attorney is able to explain to you and your spouse, friend, boyfriend, sibling or neighbor, that the lawsuit is “not” personal, it only involves the ability to obtain insurance to cover the damages and injuries.

Texas follows a 3rd part liability rule which means a plaintiff has the right to file a claim against the at-fault driver or that driver’s insurance company. The claim can include the cost of property damages, other damages related to the crash and medical costs.

Your options after a car accident in Texas are filing a claim:

  1. With with your own insurance company referred to as a 1st party claim
  2. With the at-fault driver’s insurance company (3rd party claim)
  3. Against the at-fault driver

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