Car accidents are hard on everyone involved. But when you’re the passenger, there’s a unique kind of helplessness. You weren’t behind the wheel. You had no control over what happened.
Now you’re left injured, shaken, and staring down medical bills you never saw coming. And somewhere in the middle of all that confusion, one question keeps coming up:
Can a passenger sue the driver in an accident?
As the passenger, you are almost never considered at fault, which gives you strong legal ground to stand on. But knowing you have the right to sue is one thing; figuring out how to do it is another.
At Meshbesher & Spence, we’ve helped injured passengers find clarity, strength, and compensation after devastating car accidents for over 60 years. Call (612) 339-9121 or fill out our online form today to talk to a real person who’s ready to help.
Passenger in a Car Accident Rights
If you were injured as a passenger, you have the right to be compensated for your injuries and losses. Since you weren’t the one driving, insurance companies usually have a hard time claiming you were at fault, which puts you in a strong position.
You can file a claim against the at-fault driver’s insurance for negligence. Negligence just means the driver didn’t use reasonable care, and because of that, you got hurt. That could be anything from speeding and distracted driving to running a red light or driving under the influence.
Passenger in a Car Accident: Who Do I Sue?
When you’re hurt as a passenger, determining who is financially responsible for your injuries can be complicated because there are multiple drivers and insurance policies involved. Fortunately, you generally have a wider range of options for recovery than the drivers do.
You may be able to file a claim against one or more of the following parties:
- The Driver of the Car You Were In: If the driver of your vehicle was wholly or partially at fault for the crash due to negligence, you can file a claim against their car insurance policy. Their insurance is there for this very reason: to cover the expenses of people injured by their policyholder’s negligence.
- The Driver of the Other Car: If another driver caused or contributed to the accident, you can file a claim against their insurance policy.
- Multiple Parties at Fault: In many accidents, more than one person is to blame. For example, your driver may have been distracted, but the other driver was speeding. In these scenarios, you can file claims against both drivers’ insurance policies. Filing against multiple parties gives you a better chance to recover the full cost of your injuries, especially if one driver’s insurance limits are low.
- A Vehicle Manufacturer or Other Third Party: While less common, sometimes a vehicle defect, like a faulty brake system or an airbag malfunction, contributes to the severity of your injuries. In these cases, you might also have a claim against the vehicle manufacturer.
- Government Agency: A government agency responsible for maintaining a road could be liable if the accident was caused by a poorly maintained road, a missing sign, or a faulty traffic light.
What if I Was a Rideshare Passenger in a Car Accident: Who Do I Sue?
Rideshare accidents involving companies like Uber or Lyft follow different rules. These drivers are not covered by their personal insurance while transporting a passenger, because their personal policy almost always excludes commercial use.
If you were a passenger in a rideshare vehicle, you are usually protected by the company’s large commercial liability insurance policy, which often provides up to $1 million in coverage while a passenger is in the vehicle.
- If the rideshare driver was at fault, their company’s insurance policy covers you.
- If another driver was at fault, their insurance pays first, and the rideshare company’s policy acts as an extra layer of protection if the other driver’s coverage runs out.
Taking legal action after an accident is hard enough. But when the driver is someone close to you, like a friend or family member, you worry that filing a claim could damage your relationship or create tension.
That’s completely understandable. But here’s the truth: you’re not suing your loved one — you’re filing a claim with their insurance company. That’s what insurance is there for. It’s not personal, and it doesn’t come out of their pocket.
In fact, whether you file a claim or not, their insurance premiums may still go up simply because they were found at fault for the crash. That part happens either way. The difference is whether you get the support and compensation you need to recover.
At Meshbesher & Spence, we’ve helped countless people in your shoes move forward without guilt or confusion. Reach out to us online or by calling (612) 339-9121 today.
What To Do As A Passenger In A Car Accident
Take the following steps to protect your accident claim:
- Seek Medical Attention Immediately: Your health is the number one priority. See a doctor even if you feel okay, as adrenaline can mask serious injuries. Medical records are also essential evidence for your claim.
- Document Everything: If you are physically able, take photos of the accident scene, the damage to all vehicles, and any visible injuries.
- Gather Information: Collect the names and contact information of all drivers, passengers, and witnesses. Get the license plate numbers and insurance information for all vehicles involved.
- Do Not Give a Statement: Do not provide a recorded statement to any insurance company without first speaking to a lawyer. The insurance company’s goal is to pay you as little as possible.
- Consult a Personal Injury Lawyer: An experienced lawyer can help you understand your rights, find out who’s actually responsible, and make sure you’re not left paying for someone else’s mistake.
What If the Other Driver Doesn’t Have Insurance?
You do your part. You follow the law, carry insurance, and trust that others on the road are doing the same. So finding out the driver who caused your injuries doesn’t have insurance, or doesn’t have enough, can leave you at a loss.
Unfortunately, it happens more than it should. And when it does, the stress and anger are real. You’re already dealing with injuries, and now you’re left wondering how your bills are going to get paid.
However, you may still have options.
If you have Uninsured or Underinsured Motorist (UM/UIM) coverage on your own policy, or the car you were riding in is covered, you can file a claim to help with your medical expenses, lost wages, and more. This coverage is meant to protect you when the at-fault driver can’t.
But here’s the frustrating part: even when it’s your own insurance, getting them to pay up can feel like an uphill battle. That’s why having the right legal help matters. At Meshbesher & Spence, we know how to deal with insurance companies that try to dodge responsibility — and we don’t let them.
In 2021, 26,325 passenger vehicle occupants died in motor vehicle crashes, which was a 10% increase from the year before.
An estimated 2,092,541 passengers were injured, also a 10% rise from 2020.
How Much Can A Passenger Get In A Car Accident?
Passengers often suffer some of the most serious injuries because they have little or no time to react. Whether you were hit from the side, rear-ended, or involved in a rollover accident, the impact can leave you with everything from broken bones and head trauma to internal injuries and long-term pain.
And while your body tries to recover, the financial stress starts building too. Hospital bills, lost paychecks, and the cost of ongoing care add up fast.
That’s why compensation matters.
Depending on the severity of your injuries, you may be entitled to compensation for:
- Medical expenses, including ER visits, surgery, follow-up appointments, physical therapy, and medication
- Lost wages while you’re out of work
- Future medical costs if your recovery takes months or even years
- Loss of earning ability if you can’t return to your previous job
- Pain and suffering, both physical and emotional
- Anxiety, depression, PTSD, and other mental health struggles caused by the trauma of the crash
- Loss of enjoyment of life if you can’t do the things you used to love
Some cases involve relatively minor injuries, where a settlement helps cover short-term bills and treatment. Others involve life-changing harm that demands serious compensation.
At Meshbesher & Spence, we fight to recover everything the accident took from you. Because this isn’t just about money. It’s about making sure you have what you need to move forward.
You Didn’t Cause the Crash — But You Can Take Control of What Happens Next With Meshbesher & Spence
If you’ve been injured as a passenger in a car accident, you’re far from powerless. In most cases, the law is on your side, and you have every right to seek compensation for what you’ve been through.
But that doesn’t mean the process is easy.
Insurance companies have teams of professionals working to minimize what they pay out. They may question your injuries, shift blame, or drag out the process in hopes that you’ll give up or settle for less. You deserve better than that.
At Meshbesher & Spence, we’ve spent over 60 years standing up for people who didn’t ask to be in these situations. We know how to take on the insurance companies, we know how to build a strong case, and most importantly, we know how to take care of our clients.
Let us focus on the legal fight so you can focus on getting better. Call (612) 339-9121 or fill out our online form for a free consultation.
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