I Was A Passenger In Car Accident: Who Can I Sue? (2026)

Can I Sue if I Was a Passenger in a Car Accident?

One of the first things that auto lawyers want clients to know is that states have different laws regarding collisions. Some states follow no-fault insurance laws. These require that anyone involved in a crash file a claim for compensation from their personal injury protection (PIP) insurance. Passengers are typically covered by a driver’s PIP insurance.

The driver’s uninsured/underinsured policy can come into play, as well. If you have your own PIP insurance, it can help cover some of the medical expenses you’ve sustained. But what if none of this is enough to cover your losses?

In instances when the injuries are serious, you have the chance to step outside of no-fault laws and file a lawsuit against whoever was responsible. That will require proving liability, however.

If you’re in a tort state, also called an at-fault state, and you suffer an accident as a passenger, you can file a lawsuit against whoever was responsible for the crash, regardless of the severity of your injuries. In this case, you’ll have to establish liability. You can hold your driver, the other driver or both of them responsible for the injuries you sustained.

Can Passengers Be Held Liable for a Crash?

It’s possible for passengers to be partly responsible for accidents. If they distract the driver in any way, attempt to take control of the wheel or brake system or perform any similar actions, they are responsible. In some instances, even talking with the driver can be enough to earn the passenger some of the liability for the collision. Likewise, drivers carrying child passengers may be held liable if a child restraint violation contributed to the child's injuries.

Alcohol isn’t a problem just when the driver is above the legal alcohol limit. A passenger who is severely intoxicated can cause disturbances in a vehicle, and if they have open containers of alcohol with them, they could complicate matters even more when the police arrive and during a lawsuit.

Whether you can be found liable as a passenger makes a difference in states that have fault-based systems. Some states follow contributory negligence doctrines, which means you can’t recover any losses if you were in any way responsible for the collision, while others only allow you to receive compensation if your fault is less than that of the other parties involved.

Understanding Negligence Standards

There are three main types of negligence standards. Modified comparative negligence is the most common throughout the country. It allows you to still recover losses even if you were partly responsible for the crash. You must, however, not hold the majority of fault for the accident. Florida follows this law, as do many other states.

Pure comparative negligence allows you to still recover losses even if you were 99% to blame for the collision. Your winnings will be proportionally reduced, however. The states that have this type of negligence standard are:

• Alaska
• Arizona
• California
• Kentucky
• Louisiana
• Mississippi
• Missouri
• New Mexico
• New York
• Rhode Island
• Washington

The strictest type of negligence standard is contributory negligence. Even if you were just 1% to blame for the accident, you will be barred from recovering losses. The regions that follow this standard are Alabama, Maryland, North Carolina, the District of Columbia and Virginia.

If you’re in a state that has contributory negligence laws, it’s essential that you immediately contact an attorney after a crash. You can be confident that the other party will try to pin some of the blame on you so that they don’t have to pay for your losses.

What to Do if You Were a Passenger in an Accident

Knowing what to do after a collision can help your future lawsuit.

Ensure Your Safety

Before anything else, make certain that you are in no further danger. If the car is in the middle of the road, for example, try to move it to the side or exit it and wait for emergency services somewhere safer.

Contact Emergency Medical Services

Often, people assume they’re not injured since they don’t feel immediate pain. Because adrenaline and shock dull discomfort, you may not realize that you’re hurt until hours later, which delays the treatment process.

By calling emergency medical services and having them examine you, you can get an accurate assessment of your injuries and start receiving appropriate care.

Call the Police

The police also need to get to the scene of the accident. If the drivers haven’t called law enforcement, you can do so yourself. Give officers an account of what happened, and be certain you know how to get a copy of the report. You’ll need that whether you file a claim or a lawsuit.

Gather Evidence

Don’t leave this all up to the drivers. Take pictures of the vehicles, the road conditions and even your injuries. If you see that there were eyewitnesses, get their contact information so that you can rely on their testimony later on.

Once you leave the scene of the accident, begin gathering all of the medical records regarding your injuries. Keep all of your doctor’s notes, therapy session information and medications that you needed to take throughout the recovery process. This helps to establish causation, which is one of the elements of negligence you must prove.

Keep Conversations With Insurers Short

Something to keep in mind is that insurance companies will typically record your statements if you speak with them over the phone. This can mean that everything you say could be brought up later during negotiations and can impact your claim.

A common mistake that people make is to speak with their insurance company in detail right after the collision. You may not yet realize that you were hurt. Soft tissue injuries, for example, don’t start showing symptoms until swelling begins. This can take hours or days.

If you tell the insurer that you’re not hurt, then you’ll later have to contradict yourself when you file a claim. That’s why whiplash claims are sometimes difficult to settle successfully. Concussions, too, may not be immediately obvious.

The best thing you can do is let your insurer know that you were in a crash and then end the conversation. Once you hire an attorney, they can handle the rest of the communications.

Contact a Car Accident Lawyer

Many times, people who were passengers in vehicles during collisions assume they can depend on their driver’s attorney to help them through their own claims. That’s not a good idea. If the driver was partly responsible for the collision, their lawyer will do everything possible to downplay that, which could be harmful to your lawsuit.

Instead, hire an attorney who represents only you in the collision. That gives you a better chance of receiving the assistance you deserve.

Types of Compensation Passengers Can Receive

Passengers who are injured in car accidents can receive compensation in the form of general or special damages. But what is the difference when it comes to general damages vs. special damages?

General damages refer to losses that don’t have a price tag. You may have experienced significant emotional distress, for example, which can be tough to quantify. Pain and suffering and loss of enjoyment of life can be calculated based on the severity of the injuries you suffered, as well as the financial losses you incurred.

If you are a close family member of someone who was a passenger in a car and succumbed to their injuries, you can also receive loss of consortium. This form of general damages attempts to cover the loss of companionship and support you have experienced.

Special damages, on the other hand, focus on remunerating you for quantifiable losses. Medical expenses are covered by these damages, including any future care you will need for serious injuries.

You may have had to miss days of work, which also results in financial losses. You can claim lost wages to recover the income you did not receive. If your injuries are severe enough to prevent you from returning to work, you can also claim damages for the loss of earning potential.

Legal Tips to Maximize Your Passenger Injury Settlement

To be able to receive a fair personal injury settlement, you will want to present as much evidence as possible that demonstrates who is liable for your injuries. Evidence can include medical records, the police report, expert witness testimonies, and eyewitness statements.

It’s not always easy to understand what evidence will make a difference, though. That’s why hiring a lawyer is essential. They will know how to present a strong case that clearly shows which party was negligent and caused your losses.

Your attorney is invaluable, too, when it comes to negotiating with insurance companies. These companies may try to minimize your claim and make low offers that you might be tempted to accept.

With a lawyer helping you, though, you can receive the counsel you need regarding what your claim is worth. They can negotiate to help you recover the full scope of your losses.

ConsumerShield Connects You With Experienced Representation

If you’ve been researching “I was a passenger in a car accident, who do I sue?” you should contact a qualified attorney to represent you and help you recover losses. Car accident attorneys understand how the process works and can fight for your rights.

At ConsumerShield, we’ll connect you with lawyers in your area who can guide you through the lawsuit process. Contact us to learn all about the help we can provide.