Passenger Injuries Deserve Compensation After a Collision
Unfortunately, many injured passengers are not aware of their legal rights nor experience the financial relief they deserve. When faultless passengers file a claim, it’s likely to hold up against multiple insurance policies. Do you have a case? Keep reading to discover your rights under the law.
5.1M medically consulted injuries 2023 Vehicle Accidents
National Safety Council
Nearly 2m passengers injured 2023 Vehicle Accidents
National Highway Traffic Safety Administration
Find Out If You Have a Case!
Your Legal Rights as a Passenger
Passengers are rarely at fault—but action is required for compensation.
Your Right to File a Claim
You should file a claim if you didn’t cause the accident. Claims filed against the at-fault driver include the vehicle you were in. You also have a right to file a claim against the other driver or both drivers, should they share fault.
Filing claims against both insurance companies helps cover complete costs of your injuries and losses.
Your Right to No-Fault Coverage
You have the right to present liability claims against at-fault drivers, access Personal Injury Protection (PIP) or Medical Payments (MedPay) coverage regardless of who caused the accident. These no-fault coverages offer immediate assistance with medical bills while liability is not yet determined.
Your Right to Legal Representation
Dealing with insurance companies on your own is risky, especially when you suspect misinformation or bare minimum compensation. Don’t fall for quick settlement offers by insurance companies. You have a right to legal representation that’s committed to your best interest.
Types of Compensation Passengers May Receive
Passengers injured in a car accident may receive compensation far beyond immediate medical bills under the law. Here are common types of compensation passengers may qualify for:
Medical Expenses
ER visits | Hospital stays | Surgeries | Physical Therapy |
Prescription meds | Rehabilitation | Future / Ongoing treatments | Specialized medical equipment |
Lost Wages and Future Earnings
Temporarily incapable of working | Permanently incapable of working | Lost income potential | Reduced future earning potential |
Career limitations | Missed promotions | Permanent disability on future promotions | Ineligibility on higher paying roles |
Pain and Suffering
Physical pain | Emotional turmoil | PTSD | Anxiety |
Chronic discomfort | Depression | Insomnia | Physical disfigurement |
Reduced Quality of Life
Dating | Exercise | Travel | Social events |
Art / Music | Sports | Gardening | Volunteering |
Permanent Disability or Disfigurement
Scarring | Amputation | Loss of mobility | Herniated discs / back pain |
Spinal cord injuries | Paralysis | Traumatic Brain Injuries (TBI) | Severe burns |
Emotional Distress
Panic attacks | Nightmares | Difficulty concentrating | Acute stress reaction |
Mood swings | Flashbacks | Heightened fear / paranoia | Withdrawal |
Loss of Consortium
Some cases entitle your spouse or close family members to compensation if your injuries harm these relationships.
Loss of sexual relations | Loss of parental functioning | Marital strains | Inability to |
Diminished moral support | Loss of relationship / friendship | Loss of household management capabilities | Diminished affection |
Out-of-Pocket and Incidental Costs
Towing / Rental car | Home care modifications | Childcare during recovery | In-home nursing care |
Vehicle repairs | Diminished value of vehicle | Taxi / Rideshare / Mileage reimbursement | Personal care services |
Common Passenger Claim Mistakes to Avoid
After being involved in a car accident as a passenger, certain missteps can significantly impact your ability to secure the compensation you deserve. Insurance companies often look for these errors to minimize payouts, so it’s crucial to avoid making them. Here are the most common mistakes passengers should steer clear of:
Delaying Medical Treatment
Waiting to seek medical care creates a gap in your case documentation and may lead insurance companies to argue that your injuries weren’t caused by the accident. Always seek immediate medical attention, even if your injuries seem minor.
Missing or Incomplete Medical Records
Every medical bill, report, prescription, and therapy note serves as vital evidence to support your claim. Missing documentation weakens your ability to prove the extent of your injuries and their financial impact.
Accepting Insurance Adjusters’ Statements Without Verification
Insurance adjusters may present information that benefits the insurance company while leaving out key details about your coverage options. Always double-check any information they provide and consult with a lawyer before making decisions.
Providing Recorded Statements Without Legal Counsel Present
Insurance representatives are skilled at asking questions that can lead you to make statements that might reduce or deny your claim. Do not give recorded statements without first consulting an attorney.
Missing Filing Deadlines
Every state has specific statutes of limitations that set strict time limits for filing claims. Failing to file within these timeframes can prevent you from receiving compensation altogether. Make sure you understand the deadlines that apply to your case.
Accepting an Early Settlement Offer
The first offer you receive is often much lower than what your claim is worth. Early settlement offers typically do not account for future medical expenses, ongoing treatments, or long-term complications that may arise after the accident. Consult an attorney before accepting any offer.
Failing to Document the Accident Scene Properly
It’s crucial to collect evidence immediately after the crash. Photos of vehicle damage, road conditions, and visible injuries provide objective proof that can’t be recreated once vehicles are repaired and injuries heal. Document the scene thoroughly.
Neglecting to Obtain Witness Information
Independent witnesses can provide essential testimony to support your version of events. If possible, gather contact information from anyone who saw the accident or can testify about its circumstances.
Your Next Steps After a Crash
The minutes and hours following a crash is a crucial time frame for your next steps. Follow these steps after a collision.
1. Check Yourself and Others for Injuries
Evaluate yourself and others for any major or minor injuries. Internal bleeding or concussions may go unnoticed but are life threatening when untreated.
2. Call Police and Obtain an Official Report
Your police report is a critical document for any claim you might file in the future. The official report grounds key facts about the accident and may solidify your position when handling insurance companies.
3. Collect Evidence
Take photos of the vehicles, damage, license plates, road conditions, and any visible injuries you’ve sustained. Gather names, insurance information, and contact details from all drivers and witnesses to build a comprehensive case file.
4. Avoid Admitting Fault or Making Assumptions
Seek medical attention right away if you have any doubts about your condition. Never assume everything is ok. If asked, it is safe to say you’re unsure and prefer a medical evaluation first.
Remember, minor symptoms could result in major injuries later on.
Obtaining immediate medical care connects your injuries to the accident. Many serious conditions like whiplash, soft tissue damage, or traumatic brain injuries (TBI) may take longer to develop obvious symptoms after the crash.
Keep all medical documentation as key evidence connected to the collision; it’s essential for any insurance claim or lawsuit.
Contact a Personal Injury Lawyer
Passenger injury claims can quickly become complex—especially when multiple drivers, vehicles, or insurance companies are involved. While minor injuries in straightforward cases may be handled without legal representation, there are several situations where hiring a personal injury attorney is highly recommended.
In general, contacting a personal injury lawyer is your safest move to protect yourself from getting taken advantage of by insurance agencies. Our Ramos Law legal advocates know the law and can see through tactics insurance companies use to screw you out of the money you rightly deserve.
It’s also recommended to seek legal defense when:
- The crash involved multiple vehicles.
When more than one driver is involved, liability is often disputed. Each insurance company may try to shift blame and minimize payouts. A lawyer can help untangle this web and protect your claim. - There are multiple injured passengers.
If several passengers are filing claims against the same insurance policy, funds may be limited. An attorney ensures your damages are fairly prioritized during negotiations. - Insurance companies are delaying, denying, or lowballing your claim.
Adjusters are trained to protect their company’s bottom line—not your best interests. Legal representation signals you’re serious and can significantly increase your chances of a fair settlement. - You suffered serious or permanent injuries.
Long-term injuries may require extensive future medical care or impact your ability to work. Attorneys can bring in medical and economic experts to accurately calculate the true cost of your recovery. - You have pre-existing conditions.
Insurance companies often try to blame your current pain on past injuries. A skilled attorney can help prove how the accident caused new harm or worsened existing conditions. - You’ve received a settlement offer.
Never accept an offer without fully understanding what you’re giving up. A lawyer can evaluate whether the proposed amount covers all current and future losses—including non-economic damages like pain and suffering. - You’re unsure how fault is being assigned.
Legal doctrines like comparative negligence can reduce your compensation if fault is shared. An attorney can explain how these rules apply in your case and work to maximize your recovery. - You want peace of mind.
Simply put, having a legal professional in your corner levels the playing field. Studies show that people with legal representation often receive significantly higher settlements—even after attorney fees are accounted for.
Worried about your passenger claim? Get a free case review from our experienced attorneys today.
(FAQ) Frequently Asked Questions
Can I still get compensation if no one was clearly at fault?
Yes. In many states, you can file a claim under your PIP or MedPay coverage regardless of who caused the accident. These no-fault benefits can provide immediate coverage for medical expenses while liability is being determined.
What if I'm injured in a rideshare?
Uber and Lyft typically carry $1 million in liability coverage for passengers involved in accidents while using their services. This coverage normally applies when the app is active and you’re an official passenger, providing significant protection beyond the driver’s personal policy.
How long do I have to file a claim as a passenger?
The timeframe depends on your state’s statute of limitations, typically ranging from 2years. However, it’s always advisable to begin the process as soon as possible to preserve evidence and meet insurance notification requirements.
What if the driver who caused the accident is uninsured?
You may still have options through uninsured motorist coverage on your own policy or that of the vehicle you were in. Some states also have victim compensation funds that can help with medical costs when no insurance is available.
Should I accept the first settlement offer from the insurance company?
First offers are typically much lower than what your claim is actually worth. Before accepting any settlement, consult with an attorney who can evaluate whether the offer adequately covers your current and future needs.
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