I Was a Passenger in a Car Accident. Can I Sue for My Injuries?
Injured passengers have the same right to recover as other car accident victims
By Andra DelMonico, J.D. | Reviewed by Canaan Suitt, J.D. | Last updated on May 29, 2024 Featuring practical insights from contributing attorney Todd ClementUse these links to jump to different sections:
- What Are My Rights as a Passenger in a Car Accident?
- Right to Claim Compensation Through Insurance
- Right to Claim Compensation Through Legal Action
- Who Can a Passenger Sue After a Car Crash?
- What Is the Legal Process for Passenger Injury Claims?
- Potential Passenger Liability
- Find an Experienced Car Accident Lawyer
When we hop into someone’s vehicle, we aren’t thinking about duty of care and liability. However, these legal concepts become crucial when the motor vehicle you ride as a passenger gets into an auto accident.
As an injured passenger, you have the same right to recover as other accident victims. However, this recovery isn’t always from the driver of the vehicle that you were riding in. “The classic car accident situation is where it could easily be both drivers’ fault,” says Todd Clement, a personal injury attorney at Clement + Speer in Dallas, Texas. “Passengers can name both potentially liable parties in their claim.”
What Are My Rights as a Passenger in a Car Accident?
Passengers injured in a car accident have a right to recover for their physical injuries and property damage. How they seek compensation will vary based on the accident circumstances, the parties’ insurance coverage, and the state where the accident occurred.
Whatever route a passenger takes, seeking medical attention is crucial, even if serious injury isn’t immediately apparent. Waiting to receive medical treatment can make it harder to connect injuries sustained to the accident.
Right to Claim Compensation Through Insurance
Passengers injured in car accidents can file a personal injury claim through insurance. Which insurance company they file a claim with will depend on their state. In some states, the passenger will file a claim with their own insurance company first. This is often the case in no-fault states. In other states, passengers will file with the at-fault party’s insurance company.
Adjusters representing the company will determine fault. There is also the option of using health insurance to cover care costs. However, not all health insurance policies operate the same. It’s important to consult an attorney about your rights and responsibilities before settling your claim.
To receive compensation, a passenger must show damages and loss. The insurance company will then make an offer. Passengers can accept this offer or negotiate. A lawyer can help an injured passenger through the settlement negotiation process to get a fair compensation offer.
Insurance Coverage Compensation
An injured passenger can recover compensation for their injuries and property damage up to the amount of the insurance policy limits. However, this does not tell the whole story. Car insurance policies have limits for each injured person’s claim and for the accident as a whole. The passenger’s claim could be one of multiple insurance claims for a single accident. Because of this, the policy limit may not cover all of the medical expenses for all injured parties.
In addition, there may be a situation where the driver does not have or doesn’t have enough car insurance. If the passenger has this coverage as part of their own insurance policy, they may be able to file an underinsured or uninsured motorist claim. Clement explains that passengers have options when seeking recovery for their injuries and loss. “If you’re a passenger, you are actually covered under the vehicle’s underinsured policy coverage as well as your own.”
Right to Claim Compensation Through Legal Action
Similar to vehicle drivers, injured passengers have a right to take legal action to recover compensation for their injuries. However, there may be restrictions on how a passenger takes legal action.
Some states require the passenger to file a car accident claim with the insurance company first. Passengers can then file a lawsuit for the damages that exceed the insurance coverage. Other states require the passenger to file a claim with the at-fault driver’s auto insurance company before pursuing a claim against the driver. An experienced car accident lawyer can provide legal advice on how best to pursue legal action against an at-fault driver.
Lawsuit Compensation
Compensation for a personal injury lawsuit can include monetary loss and non-monetary damages. Financial damages include easily verifiable costs, such as medical bills, repair bills, and lost income. Non-monetary damages include pain and suffering, emotional distress, or loss of life enjoyment.
The types of damages available for compensation vary from state to state. How these damages are proven can also vary. Speaking with an experienced lawyer about your car accident case can help determine the available compensation.
Who Can a Passenger Sue After a Car Crash?
Passengers can sue the party responsible for the accident that led to their injuries suffered. However, determining when and who to sue is more complicated than this.
Suing in Fault States
In fault states, passengers sue the at-fault party. Because it isn’t always clear who the at-fault party is, passengers sue all potentially liable parties.
In many accidents, more than one driver shares in the liability. Naming all parties in the lawsuit helps passengers protect their legal rights. If one driver isn’t at fault for the accident, they are not liable for the injured party’s accident injuries. Naming everyone in one lawsuit ensures that the individual parties do not independently argue for lack of fault, resulting in no recovery for injuries for the passenger.
The obvious parties include the drivers of all involved vehicles. However, it could also include the employer of a driver if they were working while driving. A vehicle manufacturer, local government entity, or another party might also be liable.
Suing in No-Fault States
The right and ability to sue change in states that operate under a no-fault system. The specific laws vary by state, so speaking with a lawyer experienced with personal injury cases will help passengers understand the recovery process. For example, in Florida, an injured passenger must first file a personal injury protection (PIP) claim before they can file a lawsuit. The PIP claim may be through the passenger’s own insurance or the driver’s insurance company. In comparison, Virginia follows a modified no-fault system. Passengers’ ability to sue will change based on the type of insurance the driver bought.
Suing Family Member Drivers
Passengers may be barred from filing a lawsuit against the driver of the car they were riding in if they are related to the driver. Some states have this restriction as a law. In other states, the insurance policy doesn’t allow this.
Clement explains that passenger compensation recovery can be limited for passenger family members. “If it’s a family member, generally, at least in Texas, no matter how much your policy limits are, the maximum family can recover from the members are limits of $30,000. So even if someone had millions of dollars worth of liability coverage, the maximum amount they can recover is $30,000.”
What Is the Legal Process for Passenger Injury Claims?
If a passenger decides to pursue recovery through the legal system, they must first file a lawsuit with the clerk of court in the jurisdiction where the accident took place. After filing the lawsuit, the named defendants must be served notice of it.
Passengers are subject to the same statute of limitations as drivers. This means that there is a limited amount of time that a lawsuit can be filed after a car accident. Speaking with a car accident lawyer sooner rather than later for a free case review can help protect a passenger’s legal rights. They are most likely barred from recovery if they miss the statute of limitations deadline.
Discovery
The next phase of the legal process is discovery. All parties involved in the lawsuit will gather as much evidence as possible. Evidence can include pictures, videos, witness statements, police reports, medical records, expert analysis, or accident scene recreations. Attorneys representing each party will seek evidence to support their arguments and version of events.
Mediation
Most likely, passengers have already gone through a settlement negotiation phase with the insurance company before filing a lawsuit. However, many states encourage mediation before trial as a part of the lawsuit process. The goal is to give the parties a final chance to work out their differences before trial. If the parties can agree on a settlement amount, the lawsuit ends here and does not go to trial.
Trial
If the parties cannot agree, the case will go to trial. Lawyers representing the involved parties will present arguments with supporting evidence. A jury or judge will hear the arguments and then decide in favor of a party. If a passenger is successful, there will also be a ruling about the total damages they are entitled to receive.
Appeal
If one of the parties is not happy with the verdicts, they may be able to file an appeal. Speaking with a personal injury lawyer can help identify potential arguments for an appeal.
Potential Passenger Liability
For the majority of vehicle accidents, the passenger is not at fault. However, this does not mean that passengers are automatically protected from fault. It’s important for passengers to keep this in mind, as it can impact their ability to recover.
How states treat passenger liability can vary, so speaking with a lawyer can help passengers protect their ability to recover. Generally, a passenger is not liable for simply talking to the driver. In contrast, passengers who actively interfere with the driver can be liable for the accident. For example, a passenger could be liable if they aggressively grab the steering wheel, cover the driver’s eyes, or act out while intoxicated.
If the passenger is found to be at least partially liable for the accident, they could find their entitled damages reduced or eliminated. Speaking with a car accident lawyer can help passengers determine their legal options if they believe their actions put them at risk of being held liable for the accident.
Find an Experienced Car Accident Lawyer
Pursuing recovery for damages can feel daunting as a passenger. The path to recovery isn’t always clear, making it challenging to hold the liable party accountable. A personal injury attorney can provide a free case evaluation and explain the available legal options. That way, passengers can make an informed decision about how to best pursue recovery for their injuries and property damage.
Visit the Super Lawyers directory to begin your search for an experienced car accident attorney. For more information on these legal issues, see our overviews on how accident settlements work and how to establish fault.
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