Legal Rights of Passengers in Car Accidents

Get Your Free Case Review

in just 15 seconds, no upfront fee!

“No matter how big or small your injury is, we are committed to fighting justice the same” – Atty. Roxell Richards

Car accidents are unpredictable events that can cause significant physical, emotional, and financial hardships for everyone involved, including passengers. As a passenger, you are in a unique position because you have no control over the vehicle but may still suffer injuries and losses. In such cases, understanding your legal rights is crucial. This comprehensive guide will help you navigate the legal landscape to protect your rights and secure compensation.

By the end of this article, you’ll understand what to do as a passenger in an accident and how to maximize your legal protections. Additionally, we’ll discuss why having the right legal team can ensure you receive the compensation and care you deserve.

Legal Rights of Passengers in a Car Accident

As a passenger, you are legally entitled to certain legal protections. These rights generally include:

Medical care: You have the right to receive prompt medical attention for any injuries sustained in the accident.

Filing a claim: You can file a claim against the at-fault driver’s insurance company to cover medical expenses, pain and suffering, and other damages.

Seeking legal recourse: If the insurance claim is denied or insufficient, you can take legal action against the responsible party or parties.

Protection from negligence: You are protected from the negligent actions of any driver involved in the accident, whether it’s the driver of your vehicle or another.

Now, let’s examine the five essential questions passengers often ask after being involved in a car accident.

1. What Should Passengers Do Immediately After a Car Accident?

After a car accident, passengers may feel disoriented or confused, especially if the accident is severe. However, what you do immediately following the accident can significantly affect your ability to claim compensation later.

Here are the steps you should take:

Two passengers in a car, both wearing seatbelts, emphasizing the importance of passenger rights and safety in accidents

A. Check for Injuries

The first and most critical step is to assess your health. Even if you don’t feel immediate pain, the adrenaline from the accident can mask symptoms of serious injuries. If you suspect any injury, call for medical help right away.

B. Call Emergency Services

In many jurisdictions, reporting an accident to law enforcement is mandatory. Ensure the police come to the scene and file an official report. This report will serve as essential evidence if you decide to pursue a legal claim later.

C. Gather Information

As a passenger, you should still collect as much information as possible, including:

The names and contact information of all drivers involved.

Insurance information from both drivers.

License plate numbers and vehicle make/models.

Contact information of any witnesses.

D. Document the Scene

Use your phone to take pictures of the accident scene, vehicle damage, and any visible injuries. This documentation will be essential when filing insurance claims or pursuing a personal injury lawsuit.

E. Seek Medical Attention

Even if you feel fine, getting a medical evaluation is vital. Some injuries, such as whiplash or internal bleeding, may not be immediately apparent but can have long-term consequences. A doctor’s report will strengthen your insurance claim or lawsuit by providing evidence of your injuries.

Following these steps ensures that you’re medically and legally protected after the accident.

2. Can a Passenger File a Personal Injury Claim After an Accident?

As a passenger, you have the legal right to file a personal injury claim against the at-fault driver. You are not limited to filing against just the driver of the vehicle you were in—you can also file against the driver of another car if they were responsible for the accident.

A personal injury claim form with glasses, a pen, and a calculator on top, emphasizing the process of filing for compensation after an accident.

What Can You Claim?

When filing a personal injury claim, passengers can seek compensation for:

Medical expenses: This includes the cost of emergency care, ongoing treatments, surgeries, medications, and rehabilitation.

Lost wages: If your injuries prevent you from working, you can claim compensation for lost income. This can also include future lost wages if your ability to work has been permanently affected.

Pain and suffering: In addition to physical injuries, you may also be compensated for the emotional distress and pain caused by the accident.

Property damage: If your personal property (such as a phone or laptop) was damaged in the accident, you could seek compensation to cover repairs or replacement costs.

Steps to Filing a Personal Injury Claim

Please consult with a Personal Injury Attorney: It’s advisable to seek legal counsel to help you understand the claim process and ensure you receive the total compensation you are entitled to.
Document Your Injuries: Keep a record of all medical treatments, doctor visits, and expenses related to the injury.
File a Claim with the At-Fault Driver’s Insurance: Your attorney will help you file a claim with the at-fault driver’s insurance company. This process can be complicated, but legal representation ensures you get all the compensation.

3. Who Is Responsible for Covering a Passenger’s Injuries?

Determining who is responsible for covering a passenger’s injuries depends on who is found to be at fault for the accident. There are several potential scenarios:

A. The Driver of Your Vehicle Is at Fault

If the driver of the vehicle you were in is responsible for the accident, their insurance policy should cover your medical bills, lost wages, and other damages. This is the most common outcome for passengers when the driver is negligent.

B. Another Driver Is at Fault

If the driver of another vehicle caused the accident, you can file a claim against their insurance. The at-fault driver’s liability coverage will be used to pay for your medical expenses and other damages.

C. Multiple Drivers Are at Fault

In some accidents, more than one driver may share responsibility. In such cases, you can file claims against multiple insurance policies to ensure that your medical costs and other damages are covered.

D. No-Fault States

If you live in a “no-fault” state, your medical expenses will likely be covered by the driver’s Personal Injury Protection (PIP) insurance, regardless of who was at fault. However, in no-fault states, you may be limited in what you can claim for pain and suffering unless your injuries meet a certain threshold.

E. Uninsured or Underinsured Drivers

If the at-fault driver doesn’t have insurance or their policy limits are insufficient to cover your damages, you may be able to file a claim with your driver’s uninsured/underinsured motorist coverage, if applicable. This is why it’s essential to understand the insurance policies involved in your case.

4. What Happens if a Passenger’s Insurance Claim is Denied?

Unfortunately, insurance companies sometimes deny legitimate claims. If your claim is denied, you are still in options. Here’s what to do next:

An insurance claim form stamped “REJECTED” in red, with a blue calculator and black pen on a wooden surface, highlighting claim disputes and passenger rights in accidents

A. Review the Denial Letter

Insurance companies are required to provide a reason for denying your claim. Review the denial letter carefully, as it will explain the specific grounds for rejection.

B. File an Appeal

Most insurance companies have an appeals process where you can challenge the denial. You must submit additional documentation, such as medical records, police reports, and witness statements, to strengthen your case.

C. Seek Legal Assistance

If your claim remains denied or the appeal doesn’t result in compensation, consult a personal injury attorney. They can file a lawsuit against the insurance company or the at-fault driver to ensure you receive the compensation you deserve.

D. Negotiating a Settlement

Insurance companies may be more willing to negotiate a settlement after legal action has been taken. Often, they prefer settling out of court to avoid the cost and time involved in a lawsuit.

Keep going if your claim is denied. An experienced lawyer can help you fight back and get the compensation you need to cover your medical expenses and other losses.

5. Can a Passenger Be Held Liable in a Car Accident?

Generally, passengers are not held liable for car accidents because they do not have control over the vehicle’s operation. However, there are rare circumstances where a passenger could be found partially at fault. These scenarios include:

A. Contributing to the Accident

If the passenger’s actions directly contributed to the accident—for example, by distracting the driver—they may be found partially liable. However, proving this can be difficult and depends on the case’s specifics.

B. Accepting a Ride from a Known Intoxicated Driver

If a passenger knowingly accepts a ride from a driver who is visibly intoxicated, their compensation may be reduced. Some states follow a “comparative negligence” rule, meaning the passenger’s ability to claim damages could be diminished based on their level of responsibility.

C. Encouraging Reckless Driving

In rare cases, if a passenger is found to have encouraged the driver to engage in reckless behavior (e.g., speeding or running red lights), they may share liability.

In most cases, however, passengers are seen as neutral parties whose statements can help determine fault between the drivers.

What Compensation Can Passengers Expect?

As a passenger, you are entitled to various forms of compensation if you are injured in a car accident. Compensation typically includes:

Medical bill with a stethoscope and showing charges, highlighting healthcare costs and passenger rights in accidents

Medical expenses: All medical costs related to the accident, including emergency care, surgeries, rehabilitation, and ongoing treatments.

Lost wages: Compensation for any income lost due to your injuries.

Pain and suffering: Financial compensation for the emotional and physical distress caused by the accident.

Future medical care: If your injuries require long-term medical treatment, compensation should cover these future costs.

In cases of severe injury or long-term disability, you may also be entitled to compensation for future lost wages, rehabilitation, and changes to your living situation (such as home modifications for mobility issues).

Why Hiring an Attorney is Crucial for Your Passenger Rights Car Accident Case

Car accidents can lead to complicated legal battles, especially when multiple parties are involved. Having an attorney on your side ensures that:

Your rights are protected: An attorney will advocate for you and prevent insurance companies from exploiting you.

You receive total compensation: Legal representation can help maximize your compensation by negotiating with insurance companies and taking legal action if necessary.

Avoid costly mistakes: Filing claims, gathering evidence, and negotiating with insurance companies can be overwhelming. A lawyer ensures you don’t make expensive mistakes that could hurt your case.

Roxell Richards Injury Law Firm— Your Partner in Passenger Rights

Don’t wait to assert your rights and ensure you receive the justice and compensation you deserve following a car accident.

Smiling Attorney Roxell Richards, seated at a desk while shaking hands with client, ready to assist clients in need of justice

Contact Roxell Richards Injury Law Firm today to discuss your case with a skilled attorney who understands the intricacies of passenger rights car accident cases.

Our team is ready to guide you through each step of the legal process with experience and dedication.

Schedule a free case review now and take the first step towards securing your future and recovery.

Roxell Richards Injury Law Firm

6420 Richmond Ave. Ste. #135

Houston, TX 77057

Phone: (713) 974-0388

Fax: (713) 974-0003