This form is a sample personal injury complaint filed by the guest passenger in a vehicle involved in accident.
Indiana 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
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.
Broadly speaking, Indiana law says the driver whose negligence caused the accident is at fault. That means if someone was speeding, texting, drunk, or simply not paying attention, and their careless behavior caused the crash, then they are at fault.
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.
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.
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.
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.
An operator who knowingly or intentionally fails to comply with section 1.1(a)(2), 1.1(a)(3), or 1.1(a)(4) of this chapter commits leaving the scene of an accident, a Class B misdemeanor, and is subject to the penalties in section 1.1(b) of this chapter.
Don't Move an Injured Person. Even if the injured person is begging to be moved, don't do it unless the 911 operator tells you to or there is an absolutely imminent risk of death from explosion or fire. This includes moving the person's body parts for comfort or to perform CPR (cardiopulmonary resuscitation).