This form is a sample personal injury complaint filed by the guest passenger in a vehicle involved in accident.
Colorado Complaint regarding Auto Accident (Guest Passenger vs Driver)
State:
Multi-State
Control #:
US-PI-0283
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Complaint Regarding Auto Accident (Guest Passenger Vs Driver)?
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FAQ
The driver whose negligence caused a car accident is responsible for compensating all injured parties. However, a driver is responsible for his passengers after an accident only if his negligence caused the accident. In either case, if you suffered injuries as a passenger, we could help you seek compensation.
The owner's insurance is responsible for the accident. In Colorado, you have to show some wrongdoing on the part of the car owner (i.e. negligent entrustment) before the car owner can be held responsible beyond the limits of their insurance. Negligent Entrustment is Cause for Liability.
Any driver who drives a vehicle, whether it belongs to them or not, has a responsibility to ensure that they are insured to drive the vehicle, that the vehicle is fully road legal, taxed and MOT'd. If you are stopped by the police it is you as the driver who will face prosecution.
Colorado uses a system of comparative fault. The law recognizes that more than one person can do something that causes an accident. When an injured person has shared fault for a car accident, they may still bring a claim for compensation.
In these circumstances, representing both would present a conflict of interest. Where, as here, the passenger may raise a claim against her own driver, the representation of one client will be directly adverse to another.
The Road Traffic Act 1988 sets out that all road users have a duty of care to try to avoid accidents by taking reasonable steps. That means that car passengers are owed a duty of care by the driver of the vehicle they're travelling in as well as drivers of other vehicles on the road around them.
Car Insurance Normally Follows the Vehicle, Not the Driver Your friend's insurance normally wouldn't cover damage from a crash when they're driving someone else's vehicle. Your insurance generally pays for the friend's crash, as long as your friend is a licensed driver and doesn't regularly borrow your car.
As a driver, you are expected to take responsibility for your passengers; from making sure that you stick to the correct number of passengers for your car, to ensuring that all passengers are wearing seatbelts.
