Can I Claim Whiplash If I Was a Passenger?

Woman in Car Accident
Photo by Gustavo Fring from Pexels

A rear-end collision happens every 17 seconds in the United States, and many vehicles offer little protection against whiplash injuries. When your head snaps back and forth rapidly, your neck can be hyperextended, damaging nerves and ligaments. This injury is known as whiplash, as your head makes the same motion as a snapping whip.

Symptoms of Whiplash

If you are injured in an accident as a passenger, there are certain symptoms to look for that may indicate you have whiplash. These include:

  • Blurry vision
  • Depression
  • Dizziness
  • Emotional distress
  • Headache
  • Loss of range of motion
  • Ringing in the ear
  • Severe pain and soreness in the neck
  • Tingling or numbness

What Causes Whiplash

Your neck is not designed to withstand strong impacts. The tissue and bones in your neck are fragile and easily injured, and it may take a long time for those injuries to heal. There are people who never recover from a whiplash injury.

Whiplash may be difficult to prove, as it rarely causes structural damage. It is possible that ligaments or muscles in the neck could be torn due to the whiplash action, but in most cases, there is no physical evidence that the neck is injured. Yet, those who suffer whiplash may be in tremendous pain and unable to work.

Whiplash and Traumatic Brain Injury

Traumatic brain injury is possible with whiplash, as the whipping motion of the head and neck can cause your brain to move inside your head, striking your skull and causing bruising. This injury is known as a concussion. This can lead to cognitive problems including memory loss and inability to concentrate.

Claiming Whiplash as a Passenger

Whiplash injuries can happen to anyone who is riding in a motor vehicle, not just the driver. In fact, rear seat passengers may be more susceptible to whiplash, as many older cars do not offer as much protection against the injury than newer cars.

If you suffer whiplash as a passenger, you are entitled to the same rights as the driver of the vehicle when it comes to financial compensation. This means that you may receive coverage for your lost wages, medical bills, and other costs related to your injury.

Who Pays for the Injury

Knowing who must pay for your injury can be complicated if you are a passenger. It may depend on who was at fault in the accident. In most cases, the insurance company that covers the car you are riding in will cover the cost of your injuries. However, if the driver of the other vehicle was responsible, you may need to file your claim against that policy.

This may also be true if the person who owned the car did not have enough insurance to cover all the injuries in the vehicle, especially if there were several people injured in the car. In some states, your own insurance company may cover the cost of your injuries and seek reimbursement from the other insurance company.

Getting injured in an accident as a passenger can be complicated, especially if you suffer whiplash. Because whiplash may be difficult to prove, you may have trouble getting compensation for your injury. The best way to get compensation for your damages is to seek help from a car accident attorney.

Keep in mind that hiring an attorney does not mean you intend to sue the person driving the car in which you were injured. A lawyer can actually help you avoid court by negotiating a settlement directly with the at-fault party’s insurer. Insurance companies will often settle because it is less costly than fighting you in court.

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