Passenger Injury Claims After a Car Accident

An injured passenger may have more than one option for making a claim after a car accident.

Updated by , J.D.
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  • If you've been injured in a traffic accident while riding in someone else's vehicle, here's what to know:

    • You can probably file an injury claim with the at-fault driver's insurance company.
    • If you live in a no-fault car insurance state, you can usually make a claim with the insurer of the vehicle you were riding in.
    • You can use your own health insurance to pay for treatment of car accident injuries, but you can't "double dip" if you end up making a car insurance claim.

    Making a Third Party Insurance Claim

    Depending on who might have been at fault for the car accident, as a first step, you can usually make a claim against either of the following insurance policies:

    • the policy of the driver of the car you were riding in at the time of the accident, or
    • the policy of another vehicle involved in the accident.

    A claim in either of these scenarios would be considered a "third party" claim, since it is one you're making under an insurance policy that is not your own. (Learn more about How Insurance Claims Work.)

    (Note: If you're injured while riding as an Uber or Lyft passenger, whether you make a claim against the driver's own insurer or under the ride-share company's policy, that's also a version of a third-party claim.)

    It is possible you will need to make multiple claims. For example, if Driver A's liability policy does not provide sufficient coverage for your losses, you may need to pursue a claim under the policy of Driver B for the remainder of your claim (that's assuming that both drivers played a role in causing the accident).

    Consider this example: You are injured in a car accident and incur $35,000 in medical bills. The driver/owner of the vehicle you were in only has $10,000 of liability coverage. You are going to be $25,000 short in trying to recover your medical bills under that policy. You could, in this example, also pursue a claim against one of the liability policies for another car involved in the accident for the remaining amount (if there is enough under the other policy to recover the remaining amount).

    One thing to remember from the example above is you cannot recover more than what your car insurance claim is worth, at least when it comes to compensation for bills stemming from your car accident injuries. One policy will be allowed to offset whatever amount you recovered from the other policy. In other words, you do not get to "double dip."

    What If the Passenger is Related to the Driver?

    If you are related to, and you live with, the driver of the car you were riding in as a passenger, you will probably not be able to pursue a claim against that driver's liability insurance policy. In that situation, you are usually considered an insured under the policy; and insured persons cannot pursue liability claims against the policy that insures them. (Learn more about Negotiating with Your Own Insurer After an Injury.)

    Passenger Injury Claims In No Fault Car Insurance States

    If you're injured as a passenger in a car accident in a no-fault car insurance state, you're probably covered under the no-fault or personal injury protection (PIP) coverage of the driver of the vehicle you were riding in. If you have your own car insurance coverage, that might apply too.

    Perhaps the most important issue to consider here is which form of coverage would be considered "primary", meaning which policy would apply first to pay for your covered losses. The answer depends on which state you live in and the fine print of the applicable policies. Get more details on passenger injury claims in no-fault states.

    Health Insurance and Medical Payments ("Med Pay") Coverage

    Insurance claims can take time to process—especially when you're making a claim against someone else's policy. But don't wait to get necessary medical care after a car accident.

    You can always use your health insurance to cover treatment for your car accident injuries. And if you have car insurance and you have medical bills that need to be paid, and your claim against the other policy is still under review, you might be able to make a claim for medical payments under your own car insurance policy. This type of coverage is often simply referred to as "med pay," and many people do not even know they have it.

    Med pay is not contingent on determining who was at fault for the car accident. This means a medpay claim will be processed significantly faster than a third-party claim. Keep in mind that if you are claiming pain and suffering, lost wages, or you incurred any other expenses as a result of the accident, med pay will not cover those damages. Med pay only covers your medical bills.

    Another important thing to remember is med pay does not provide infinite coverage for your medical bills. Like all types of car insurance coverage, it has its limits; and the ceiling can be pretty low, maybe around $10,000 in a standard policy.

    If your med pay coverage is not enough to cover your medical bills, or you are also making claims for the additional kinds of damages described above, you can still make a claim under the policies of the others involved in the accident (that of the owner/driver of the car you were riding in, or that of the owner/driver of another vehicle involved).

    Even if you don't have car insurance, you may be able to make a claim for med pay coverage under the insurance policy of the driver/owner of the vehicle you were riding in. Again, you are not allowed to "double dip." The amount you recover is limited to the amount of your losses. If one policy compensates you for any measure of your claim, any other liability policies involved will be entitled to an offset for the amount you already received.

    Learn more about Resolving Your Car Accident Claim.

    Next Steps for Injured Passengers After a Car Accident

    If you've been hurt in a car accident while riding in someone else's vehicle, figuring out who was at fault for the crash and whose insurance might apply can feel like monumental tasks. Especially if your injuries are serious, you might want to let a skilled legal professional resolve these (and any other) issues. You can connect with a car accident lawyer in your area using the tools on this page. Learn more about how an attorney can help with your car accident case.

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