Passengers usually did nothing to cause the crash, but figuring out who pays can still be confusing. Several insurance policies may apply, and a passenger often has more than one possible source of compensation.
Possible sources of compensation
- The at-fault driver's liability insurance, which may be the driver of your car or another vehicle.
- Your own auto policy's medical payments or personal injury protection coverage.
- Uninsured or underinsured motorist coverage under your own policy or the driver's policy.
- Health insurance, which may pay medical bills first.
- In some cases, a rideshare or commercial policy.
- In rare cases, claims against vehicle manufacturers or road authorities.
Can a passenger sue the driver of their own car?
Yes, if the driver caused the crash through negligence, even if they are a friend or relative. The claim is typically paid by the driver's liability insurance, not out of pocket. Some states have guest statutes limiting claims against drivers for ordinary negligence, though most have repealed them. If you are uncomfortable suing someone you know, remember the insurer pays, not the driver personally, in most cases.
Fault and passengers
Passengers can sometimes share fault in limited situations, such as riding with a driver they knew was impaired or not wearing a seat belt in states where it affects damages. Otherwise, passengers are generally not at fault. Where multiple drivers share fault, a passenger may recover from more than one insurer.
Steps to take after the crash
- Get medical care and keep records.
- Report the accident to police and ask for the report number.
- Take photos and gather witness information.
- Notify the insurers involved and be careful with recorded statements.
- Keep a record of expenses and missed work.
- Talk to a lawyer if you are seriously hurt or insurers dispute coverage.
- Watch deadlines.
No-fault states and passengers
In no-fault states, a passenger may receive personal injury protection benefits from the policy covering the vehicle or from their own policy regardless of fault, subject to limits. To step outside no-fault limits and sue for pain and suffering, injuries usually must meet a threshold. See our guide to no-fault car insurance states.
Special situations
- Rideshare passengers: coverage depends on the trip phase. See our guide on rideshare accidents.
- Minors: settlements may require court approval and deadlines may be extended.
- Taxis, buses and company vehicles: commercial carriers may owe a higher duty of care.
- Uninsured driver: your own uninsured motorist coverage may help.
Why passengers often have several possible sources of recovery
A passenger may be able to claim against the at-fault driver's liability insurance, the driver of the passenger's own car, uninsured or underinsured coverage and their own medical payments or health insurance. Which applies depends on who was at fault and what insurance each person carries. Because multiple policies may overlap, identifying all of them early can increase what is available.
Social and practical concerns about claiming against a friend or relative
Many passengers hesitate to make a claim when the driver was a friend or family member. In most cases, the claim is paid by the driver's insurance, not by the driver personally, which is the purpose of liability insurance. Talking honestly with the driver and explaining that you need to use insurance for medical bills can ease tension. A lawyer can help communicate with insurers so personal relationships are less strained.
Real-life scenarios
- A passenger is hurt when a friend runs a stop sign. The friend's liability coverage and the passenger's medical payments coverage both help.
- A passenger in a rideshare vehicle is injured by another driver. The other driver's insurance and the rideshare company's coverage may apply.
- A passenger is hurt by an uninsured driver. The passenger can look to uninsured motorist coverage on their own policy or the driver's policy.
Common mistakes to avoid
- Assuming you cannot make a claim because you were not driving.
- Not collecting insurance information for every vehicle.
- Waiting too long to report to your own insurer.
- Giving a recorded statement without advice.
- Settling with one insurer without checking other coverage.
- Ignoring liens from health insurers.
Questions to ask a professional
- Which policies might cover my injuries?
- Can I claim against both drivers?
- How does comparative fault affect me as a passenger?
- Do I have medical payments or personal injury protection coverage?
- What are the filing deadlines?
A practical action plan
- Collect insurance and contact details for all drivers.
- Get medical care and keep records.
- Report to your own insurer and ask about coverage.
- Keep a record of bills and missed work.
- Consult a lawyer if injuries are serious or insurers dispute coverage.
Terms you may hear
- Guest statute: a rule limiting passenger claims, now rare.
- PIP: personal injury protection coverage.
- MedPay: medical payments coverage.
- UM/UIM: uninsured and underinsured motorist coverage.
- Liability limits: the maximum an insurer pays.
Practical considerations
Give your own insurer prompt notice even if you were not the driver. Your policy may include medical payments coverage or uninsured motorist coverage that applies to you as a passenger. Ask about each coverage and any deadlines for claims.
Special situations and exceptions
Keep records of all expenses and treatment, including co-pays and mileage. If more than one insurer is involved, keep track of claim numbers and adjusters. A lawyer can help coordinate claims and make sure none are missed.
Frequently asked questions
Do I need a lawyer as a passenger?
For serious injuries or complicated insurance situations, yes.
Will suing my friend affect their insurance?
It may, since the claim is paid by their insurer, but that is what insurance is for.
What if the driver was drunk?
Liability may be clearer, and punitive damages may be possible in some cases.
Can I recover if I was not wearing a seat belt?
In many states yes, though some reduce damages.
Who pays my medical bills right away?
Your health insurer or medical payments coverage may pay first.
Can I claim if I was not wearing a seat belt?
Often yes, though damages may be reduced in some states.
Who pays first, the driver or my health insurer?
Health insurance often pays first, then may seek reimbursement.
Do I need my own lawyer if the driver has one?
You may need your own, since interests can differ.