When you are a passenger, you have no control over the crash — but you still have to deal with the injuries. Many passengers worry about making a claim against a friend or family member who was driving.
This guide explains how passenger injury claims usually work, which insurance policies may apply and what to do next.
What usually causes a passenger injury?
Passenger injuries happen in every kind of crash, most often when the driver of your car, another driver or both made a mistake.
- Driver error in your vehicle. Speeding, distraction or impaired driving by the person driving you.
- Another driver's negligence. A different driver ran a light, rear-ended your car or changed lanes unsafely.
- Multi-car crashes. Several drivers may share fault in pile-ups or chain-reaction collisions.
- Taxis, buses and shuttles. Commercial transport crashes may involve company insurance and special rules.
Who can be held liable for a passenger injury?
Passengers can often claim against the driver of their own vehicle, any other at-fault driver and sometimes the vehicle owner.
- The driver of your vehicle. If they caused or contributed to the crash, their liability insurance may cover your injuries.
- Other drivers. Any other at-fault driver's insurer may also be responsible.
- The vehicle owner or employer. If the driver was in a company vehicle or a borrowed car.
- Your own policy. PIP, medical payments or underinsured motorist coverage may help.
How fault is shared depends on your state. Most states reduce compensation by your share of fault, while a few bar recovery if you were even slightly at fault. Read how comparative fault works or find your state below.
What damages may be recoverable after a passenger injury?
Depending on the facts and your state's laws, a passenger injury claim may include the following kinds of losses. No one can promise an amount — every case is different.
- Medical bills. Emergency care, hospital stays, doctor visits, therapy, medication and — in some cases — future treatment.
- Lost wages. Income you missed while recovering, and possibly reduced ability to earn in the future.
- Pain and suffering. Physical pain, emotional distress and the impact on your daily life. Some no-fault states limit this unless injuries meet a threshold.
- Property damage. Repair or replacement of your vehicle and personal property damaged in the crash.
- Out-of-pocket costs. Travel to appointments, help at home, rental cars and similar expenses.
Passenger claims can involve several policies at once. When injuries are serious and one driver's coverage is low, other policies — including your own underinsured motorist coverage — may help.
What evidence should I collect after a passenger injury?
The best evidence is gathered early — before memories fade and footage is deleted. If you can, collect or keep:
- Names and insurance details of every driver involved
- The police report number
- Photos of the vehicles and your injuries
- Where you were sitting and whether you wore a seatbelt
- Medical records and bills
- Contact details of other passengers and witnesses
How long do I have to file a passenger injury claim?
Passenger claims follow your state's personal injury deadline. Because passengers may claim against several insurers, starting early helps make sure no policy's notice rules are missed.
See the state-by-state deadline overview or choose your state on the state laws page.
When should I talk to a lawyer about a passenger injury?
It's usually worth a free consultation if any of these apply to you:
- You were injured as a passenger in any crash
- The driver was a friend or family member and you are unsure what to do
- More than one vehicle was involved
- You were in a taxi, bus or commercial vehicle
Many personal injury attorneys work on contingency, so a consultation usually costs nothing up front. Learn how contingency fees work.