This is a common question for many car accident victims. The answer, in West Virginia anyways, is yes – if the driver was negligent. The driver of the car owes a duty to any passengers in the vehicle, a duty not to drive negligently or recklessly. If the driver breaches that duty and ends up crashing the vehicle, either in a single vehicle accident or with another car, then he or she is liable to any passengers, as well as occupants of the other vehicle. This means that the driver’s insurance will be liable for any personal injuries sustained up to the policy limits.
There are other issue however, that need to be examined thoroughly by a West Virginia car accident attorney, such as: are there any other insurance polices that could provide coverage, such as the passenger’s vehicle insurance or underinsured driver’s coverage? Another concern is that if there have been several people injured, there may be insufficient coverage for all of the injured persons. Each situation must be examined individually and will bring unique issues, all of which should be quickly addressed by a West Virginia car accident lawyer.
– John H. Bryan, West Virginia Car Accident Attorney.