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Can Passengers File a Claim After an Accident?

After a vehicle collision, attention typically focuses on the drivers — but what about the passengers? If you were riding in the car when the crash occurred and sustained injuries, you might be wondering: Can I file a claim, or am I just left to cover the medical costs myself?

 

1. Passengers Rarely Share Fault

Unlike drivers, passengers are almost never considered at fault in an accident. That means:

  • You don’t have to worry about liability percentages.
  • Your claim is based on damages, not on who caused the crash.
  • In most cases, passengers are entitled to full compensation for their injuries.


2. Who Pays for Passenger Injuries?

Passenger claims can be filed against:

  • The driver of the car you were in, if they caused the crash.
  • The other driver, if they were at fault.
  • Both drivers, if fault is shared.

In other words, passengers may have multiple options for recovery.


3. What Types of Compensation Can Passengers Seek?

Passenger claims often cover:

  • Medical bills (emergency care, hospital stays, therapy).
  • Lost wages (if injuries prevent work).
  • Pain and suffering.
  • Long-term care costs for serious injuries.


4. Passenger Claims in No-Fault States

If you live in a no-fault state, passenger injuries are usually covered by the driver’s Personal Injury Protection (PIP) policy. However, if injuries are severe or costs exceed PIP limits, passengers may still be able to sue the at-fault driver.


5. Steps Passengers Should Take After an Accident

  • Get medical care right away (even if injuries seem minor).
  • Gather driver and insurance information.
  • Ask for a copy of the police report.
  • Document injuries with records and photos.
  • File a claim promptly with the at-fault driver’s insurer.

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