One car accident can the passenger sue the driver if the passenger signed a refusal of treatment and left the scene?

Asked over 1 year ago - Clinton, SC

It has been almost a week and the passenger went to the doctor. There are only minor injuries such as bruising and strained muscles. their doctor is now asking for my insurance information and the accident report.

Additional information

Also this individual was a passenger in another car accident (hit from behind) 3 days after the one that I was driving.

Attorney answers (5)

  1. Ryan S Montgomery

    Pro

    Contributor Level 12

    7

    Lawyers agree

    1

    Answered . Yes. Some times people don't feel the affects of an injury until later on - a couple to few days is normal further out you get worse it looks

  2. Joseph Torri

    Contributor Level 16

    6

    Lawyers agree

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    Best Answer
    chosen by asker

    Answered . The passenger can file a lawsuit even if a refusal of treatment was signed. Injuries often are felt a day or so after an accident. The fact that the passenger refused treatment is a good sign for you, because it tends to show the damages are not that severe. You should contact your insurance carrier, and let them handle your defense. There may be issues of liability depending on the facts. The fact pattern does not indicate if another vehicle was involved or who might be at fault. Don't assume you are at fault simply because you are the driver. An attorney really needs to review the facts and determine liability and other factors. If you found this response was helpful, please click the helpful button. If there is something else you want to post, please feel free to post additional information.

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  3. Jeffrey Mark Adams

    Contributor Level 20

    6

    Lawyers agree

    Answered . Hi. Yes, any competent and credible doctor (and attorney) knows that injuries may take days, if not weeks, to manifest (reveal themselves). Be prudent; just give the information and let your insurance know. Fortunately, you're friend has a way to get the bills paid (and sue you, if appropriate). Good question.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  4. Christopher Emmanuel Benjamin

    Contributor Level 9

    5

    Lawyers agree

    Answered . While I understand the instinct to be considered with whether yo are liable for damages, you don't have to be concerned about this issue because it is why you buy insurance in the first place - so you don't have to worry about these issues. Your insurance will investigate the claim and if necessary they will pay for damages or defend against any possible lawsuit.

  5. Thomas O. Sanders IV

    Contributor Level 2

    3

    Lawyers agree

    Answered . Generally, I shy away from cases with declination of EMS at the scene unless the party goes to the ER shortly thereafter. In the insurance adjuster's eyes, the claimant was not "really" injured.

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