Injured As A Passenger In A Car Accident

As a passenger you are almost never at fault, which can make your claim more straightforward. The hard part is usually deciding which policy to claim against.

Who Pays When You Are A Passenger

Your claim follows fault. If the other driver caused the crash, you claim against their insurance. If your own driver was at fault, you can claim against their insurance. If both share fault, you may claim against both. In no-fault states, certain benefits may come first regardless of fault. See no-fault vs at-fault.

When The At-Fault Driver Is Your Friend Or Family

This is the part people hesitate over. A claim is made against the insurance policy, not against your friend personally. The purpose of carrying insurance is to cover exactly this situation, so pursuing a fair claim is not the same as suing a loved one out of pocket.

If Coverage Runs Out

If injuries exceed the at-fault driver coverage, you may be able to use underinsured motorist coverage, sometimes on a policy in your own household. See UM and UIM coverage.

What To Do As An Injured Passenger

• Get medical care and keep every record.
• Collect insurance information for every driver involved.
• Avoid giving recorded statements before understanding your rights. See talking to the adjuster.
• Note the filing deadline. See statute of limitations by state.

Common Questions

Can I sue my friend who was driving?

Your claim is against their insurance policy, which exists for this reason. You are pursuing coverage, not your friend personal assets, in the typical case.

What if I do not know who was at fault?

You can often pursue claims against more than one driver while fault is sorted out. An attorney can identify every policy that might apply.

Do I get my own claim even if the driver of my car also files one?

Yes. Each injured person has their own claim for their own injuries, separate from the driver claim.