Can A Passenger Sue Both Drivers? What Most Victims Don't Know

Car accidents claim more than 1 million lives yearly, according to the World Health Organization. Many others sustain injuries as passengers, and they often ask us if they can sue both drivers involved penin the accident.

Our experience as personal injury attorneys demonstrates that passengers often feel uncertain about their legal rights following an accident. Passengers typically have stronger claims than drivers because they rarely bear responsibility for the crash. The law allows you to file claims against multiple insurance policies if both drivers share fault for the accident.

You’ll learn who you can sue, how insurance affects your claim, and essential details that most accident victims overlook about passenger claims. We’ll show you how to get full compensation, whether one driver bears complete responsibility or both drivers share blame.

I Was a Passenger in a Car Accident and Was Injured – What Now?

A car accident can leave you feeling overwhelmed and stressed when you’re the passenger. The steps you take right after the crash will substantially affect your chances of getting compensation. Let’s look at what you should do if you’re asking yourself “I was a passenger in a car accident and was injured – what now?”

Get medical help and document injuries

Your health comes first after an accident. You should see a doctor right away, even without obvious injuries. Whiplash, head trauma, and internal damage might not show up until later. Quick medical attention creates records that connect your injuries to the accident.

To document your injuries properly:

Take an ambulance if needed
Go to an emergency room or urgent care
See your primary doctor and specialists
Show up for all exams and treatments
Make sure healthcare providers document how the accident caused your injuries

These medical records are vital evidence when you seek compensation from the drivers involved in your accident.

Collect insurance and driver details

The scene of the accident holds important information you’ll need for future claims. Try to gather:

Names, contact details, and driver’s license numbers from everyone driving
Insurance details from all cars involved
Car information including make, model, and license plates
Contact information from people who saw the accident
Pictures of car damage, injuries, and the crash scene
Police report number and officer information

These details are a great way to get started if you decide to file a claim against the drivers. Note that passengers rarely get blamed for accidents.

Notify your insurance provider

You should tell your auto insurance company about the accident, even when someone else’s insurance might pay. Passengers often have several insurance options:

Your policy’s personal injury protection (PIP) or medical payments coverage (MedPay) might cover your medical bills whatever caused the accident.

Be careful what you say to insurance companies. Just share the simple facts about what happened and don’t guess who’s at fault. You can wait to talk to insurance adjusters until after speaking with a lawyer, especially if you want to sue both drivers.

These simple steps will protect your rights and help you get fair compensation for your injuries.

Can a Passenger Sue a Driver or Both Drivers?

Legal rights of passengers injured in car accidents differ from those of drivers. Passengers rarely share any blame, which makes their legal position much clearer than drivers who might be partially at fault.

When both drivers share fault

Accident investigators don’t just identify who caused the crash – they determine each driver’s percentage of responsibility. To name just one example, Driver A might bear 60% responsibility while Driver B carries 40% in a two-car collision. This affects your case because:

You can pursue claims against both drivers based on their fault percentage
Insurance from each driver pays their share of your damages
Your total compensation stays the same but comes from different sources

Most states allow you to recover damages from multiple at-fault parties through comparative negligence rules. Notwithstanding that, states handle shared fault differently, so your state’s laws play a significant role.

Suing the driver of your vehicle

The thought of filing claims against friends or family members who were driving might make you uncomfortable. Let me be clear: you’re not taking action against the person – you’re dealing with their insurance company. Their policy exists exactly for situations like this.

You should file against your vehicle’s driver if:

They caused or helped cause the accident
Their actions led to your injuries
You require compensation for medical expenses and other losses

This might feel awkward, but note that insurance companies typically handle these payments, not the drivers themselves.

Suing the other driver involved

You have full rights to seek compensation from the other driver if their negligence caused the crash. The process requires you to:

Show the other driver’s fault through police reports, witness statements, and additional evidence
Submit a claim to their insurance company
Seek full payment for all injuries and damages

Your injuries might exceed one driver’s policy limits, and this is a big deal as it means that claims against both drivers could be necessary for proper compensation.

How Insurance and State Laws Affect Your Claim

The way passenger injury claims are handled depends heavily on the state where your accident takes place. You need to understand these differences to get the most compensation possible.

Fault-based vs no-fault states

Your insurance claims work differently based on whether your accident happened in a fault-based or no-fault state. Right now, 12 states and Puerto Rico follow no-fault insurance laws. These states require:

Everyone must file claims with their own insurance first through Personal Injury Protection (PIP)
PIP covers medical expenses and sometimes lost wages whatever caused the accident
The at-fault driver’s insurance handles property damage claims

The at-fault driver’s insurance covers both injuries and vehicle damage in fault-based (tort) states. This means identifying who caused the accident is a vital part of your claim as a passenger.

What if your injuries exceed policy limits?

Damages from serious accidents are often more than insurance policy limits. You have several options at this point:

You can file a personal lawsuit against the at-fault driver(s) for more compensation
You might get compensation from third parties who played a role in the accident
Your own insurance policies could provide supplemental coverage

You may need to file multiple claims, especially when both drivers share fault. Getting compensation from both drivers’ insurance companies might be the only way to cover extensive injuries properly.

Using your own insurance (PIP, MedPay, UM/UIM)

Your personal insurance becomes a significant backup when other sources aren’t enough:

Personal Injury Protection (PIP) – Takes care of medical expenses whatever the fault situation, required in no-fault states
Medical Payments (MedPay) – Works like PIP but usually has lower limits and doesn’t cover lost wages
Uninsured/Underinsured Motorist (UM/UIM) – Helps when the at-fault driver doesn’t have enough coverage

All but one of these drivers on the road are insured, which makes UM/UIM coverage valuable. On top of that, some states let you “stack” these coverages from multiple vehicles to boost your protection.

What Most Victims Don’t Know About Passenger Claims

Car accident passengers often miss key details about their claims that could substantially affect their compensation. These overlooked aspects can mean the difference between partial and full recovery for your damages.

You may be eligible for more than one claim

Passengers have an edge in accident claims – they can file against multiple insurance policies at once. You can pursue claims against both drivers’ liability policies, your own insurance, and the vehicle owner’s policy if different from the driver. This approach often leads to higher compensation since you can tap into multiple coverage sources.

Statute of limitations can vary

Time limits for passenger injury claims vary based on your location and claim type. These deadlines typically range from one to six years after the accident date. Some states have much shorter filing windows for claims against government entities – as short as 30-90 days. Your right to compensation can be lost forever if you miss these deadlines, no matter how strong your case is.

Insurance companies may undervalue your claim

Insurance adjusters try to minimize settlements through several tactics:

Requesting unnecessary documentation
Delaying responses until deadlines approach
Making quick, lowball offers hoping you’ll accept before understanding your full damages

These companies make money by paying less than claims are worth. Their first offer should be seen as just the starting point for negotiations.

Legal help can increase your compensation

Studies show claimants with attorneys receive settlements 3.5 times larger than those without, even after legal fees. Of course, this happens because attorneys know how to:

Value economic and non-economic damages properly
Counter insurance company tactics
Find all potential sources of compensation
Present compelling evidence for maximum recovery

Understanding these lesser-known aspects of passenger claims gives you clear advantages as you seek fair compensation for your injuries.

Conclusion

A car accident injury as a passenger puts you in a unique legal position. This piece explains why passengers have strong claims since they rarely share fault for accidents. At the time both drivers contribute to a crash, you can seek compensation from both drivers.

Here’s everything you need to know about passenger claims:

Medical attention right after any accident is vital. Your medical records are significant evidence that links injuries to the whole ordeal. You should also gather detailed information from everyone involved, including insurance details and witness statements. Your state’s laws will affect your claim differently depending on whether it’s a fault-based or no-fault state.

You don’t have to pick between drivers when making a claim. Claims against both drivers based on their fault percentage are possible. This often leads to better compensation, especially when damages go beyond one driver’s policy limits.

Of course, insurance companies want quick, cheap settlements. They bet on victims not knowing their rights. Research shows that people with lawyers get 3.5 times more money, even after paying legal fees.

Each jurisdiction has different deadlines to file claims, so quick action protects your rights. Filing against a friend or family member’s insurance might feel awkward, but note that you’re claiming against their insurance, not them.

You should look into all possible ways to get compensation after a passenger injury. Recovery starts when you learn about your legal options and fight for fair compensation.

Passengers deserve full protection under the law. Your claims deserve proper attention and fair resolution, whether one or both drivers caused your injuries.