Author: Shelby Benavidez
Contributing Attorney: Zain Pleuthner, attorney
Being involved in a car accident is frightening, no matter where you’re sitting. But when you’re a passenger, the situation can feel even more confusing. You weren’t behind the wheel, you didn’t cause the crash, yet you may still be dealing with injuries, medical bills, insurance calls, and uncertainty about what to do next.
It’s important to understand that you have rights as a passenger, and you should know what steps to take to protect them. This guide breaks down the steps to take right after the crash, how to handle insurance companies, and what to know when seeking compensation.
What To Do If You’re a Passenger in a Car Accident
Check on Yourself and Others Involved
The minutes immediately after a collision are chaotic. As a passenger, the first thing you should do is check yourself for injuries. Adrenaline can make pain harder to notice at first, so move slowly and pay attention to any discomfort.
If you’re able to move safely, check on the driver and other passengers. If anyone is seriously hurt, avoid moving them unless they are in immediate danger, such as from fire or traffic. Your safety comes first, so stay inside the vehicle if stepping out is dangerous.
Taking a moment to observe your surroundings also helps later. Noticing the damage, where the cars are positioned, and who was involved may support your claim if questions come up about what happened.
Call 9-1-1
Even if the crash seems minor, calling 9-1-1 is essential. A police report is one of the most valuable documents you can have when dealing with insurance companies or pursuing compensation.
Tell the dispatcher the location of the accident and how many vehicles were involved. If you know of any injuries, be sure to tell the dispatcher that an ambulance is needed. Do not assume the driver will make the call. As a passenger, you have every right to report the accident yourself.
When officers arrive, give an honest and accurate description of what you experienced. Avoid guessing or assuming facts. Your statement can help determine fault and protect your rights later.
Seek Immediate Medical Attention
Many passengers feel “fine” after a crash and don’t get medical help until days later – only to realize their injuries were more serious than they thought. This is extremely common with whiplash, concussions, back injuries, and internal bruising.
Seeing a doctor right away protects your health and reveals injuries that may not show symptoms immediately. It also creates documentation. Insurance companies often question claims without timely medical records.
Even if the paramedics on scene say you seem okay, follow up with your doctor or visit urgent care within 24 hours. Consistent treatment can strengthen your case if you choose to file a claim later.
Keep Documentation
As an injured passenger, documentation is your best friend. Keep records of everything related to the accident, including the police report, photos or videos of the scene, and any notes or journals about pain, symptoms, or emotional distress you’ve experienced. Keep track of all medical bills and treatment records, pay stubs showing lost wages, and conversations you have with the insurance companies.
It can feel overwhelming, so make a folder – physical or digital – to store all your documents. This information helps prove what you went through and may significantly increase the compensation you receive.
Dealing With Insurance Companies as a Passenger in a Car Accident
Does Being a Passenger in an Accident Affect Your Insurance?
Generally, being a passenger does not affect your personal auto insurance rates. You weren’t driving, you weren’t responsible, and you didn’t cause the crash. Most of the time, your insurance company will not raise your rates because you made a claim as a passenger.
In fact, your own insurance doesn’t even have to be involved in most cases. Claims would generally be made through the at-fault driver’s insurance. Every situation is different, but it’s unlikely that your premiums would be affected by being a passenger in a car accident.
As a Passenger Injured in a Car Accident, Who Pays for Medical Bills?
This is one of the most common questions passengers ask, and the answer is that it depends on who caused the crash. If the driver of the other vehicle caused the accident, their liability coverage would typically pay your medical bills, lost wages, and pain and suffering.
If the driver of the vehicle you were in was responsible – even partially – you may be able to file a claim with their insurance company. Many passengers are hesitant to pursue a claim if their friend or family member was responsible, which is understandable, but it’s important to remember that you are filing a claim against their insurance company, not the person. You wouldn’t be reaching into the pockets of those closest to you.
If you have MedPay or PIP through your own auto insurance coverage, or if you have private health insurance, you can also use these to help with additional medical bills, regardless of who was at fault.
Multiple insurance policies may apply, and you often don’t have to choose just one. A personal injury attorney can help you navigate the options and maximize your available compensation.
Can You Sue as an Injured Passenger?
As a passenger injured in a car accident, you can absolutely sue the insurance of the at-fault driver. In many situations, passengers have the strongest legal claims because they clearly are not responsible for the accident.
Passengers can sue the at-fault driver, whether it be the driver of the vehicle you were in or the driver of the other vehicle, as well as a third party. For example, if a commercial vehicle or rideshare company were involved, or if a manufacturing defect caused or contributed to your injuries, you may be able to pursue additional claims against them.
A lawsuit may be necessary if the insurance company denies your claim, offers too little, or delays payment. Suing is often the last resort, but it’s important to know you have the right to do so.
Seeking Compensation as an Injured Passenger
How Much Money Can You Get as a Passenger?
The amount of compensation varies widely based on the severity of your injuries, the impact on your daily life, and the available insurance coverage. Common types of compensation include medical expenses – past, current, and future – lost wages and loss of earning potential, pain and suffering, and even property damage. Passengers may not realize this, but if your personal effects were damaged in the car wreck, you can include that in your claim.
If your injuries are minor, your case may settle for a few thousand dollars, while more serious injuries could result in six figure settlements or verdicts. It really depends on what insurance is available and how you have been affected. Regardless, the key to maximizing your claim is having strong documentation, consistent treatment, and a qualified attorney on your side.
Soriano Issues
“Soriano issues” arise when multiple people are injured in the same accident, but the at-fault driver has limited insurance policy limits that are not enough to fully compensate everyone. The term comes from a Texas case, Texas Farmer’s Insurance Co. V. Soriano, which confirmed that an insurance company may settle with one injured person even if it means there will not be enough money left for others.
For passengers, this can become a major challenge. If several people were hurt in the accident, especially in cases involving serious injuries, the available insurance money will have to be divided. This often results in smaller settlements due to limits being spread across multiple claimants, delays since the insurance company has to evaluate all claims, disputes between injured parties, and a higher risk of receiving less than full value.
Because passengers typically have no fault in the crash, they usually have the strongest claims. Unfortunately, Soriano issues can still reduce the total amount they receive. If you were involved in an accident with multiple people injured, we highly advise you seek help from a qualified car accident attorney.
Contact a Qualified Car Accident Lawyer
After any car accident, contacting a reputable personal injury attorney is one of the smartest moves you can make. Insurance companies are in the business of minimizing claims, and as a passenger, you aren’t protected from their tricks. They may try to lowball you with the excuse that there isn’t much coverage available or offer you a quick settlement, hoping you’ll accept it as quickly as possible. However, without an attorney on your side, it’s almost a guarantee that you’ll leave money on the table.
An experienced lawyer in your area should know how to protect your rights, negotiate effectively, and represent you in trial, if necessary. They also help take the stress out of your case by gathering evidence, communicating with the insurance company, and fighting for the compensation you deserve.
Beyond that, you can feel assured that every avenue of compensation was explored, whether that be the at-fault driver, the driver of both vehicles, a potential third party, or even your own insurance.
Most car wreck attorneys work on a contingency fee, meaning you never pay anything out of pocket. Instead, they deduct their fees from your final settlement or verdict, and if you lose your case, you don’t owe them anything.
Key Takeaways: Protecting Your Rights as an Injured Passenger
As a passenger in a car accident, you have the right to pursue a claim against the at-fault driver’s insurance. You didn’t cause the crash, but you were still affected and carry the burden of injuries, medical bills, and emotional stress. It’s important that you understand these rights so you can protect yourself and increase your chances of receiving full value.
If you’re unsure what to do next, or don’t know if you have a valid claim, consider speaking with a personal injury lawyer. Since most attorneys offer free case evaluations, you have nothing to lose by reaching out for help.
