Blog
What Can Passengers Do After a Car Accident Injury?
Posted on behalf of Peter T. Nicholl in Car Accidents Published on February 28, 2019 and updated on April 24, 2026.
If you were in someone else’s car and he or she got into an accident, you are probably wondering how to recover compensation for your damages. This is not something that many people are familiar with, so most people do not know what to do.
An injured passenger in Maryland may recover compensation by filing a claim against the driver’s insurance, the at-fault driver’s policy, or their own coverage such as PIP or MedPay. If insurance does not fully cover the damages, the passenger may also pursue a personal injury lawsuit against the responsible party.
The compassionate Baltimore car accident lawyers at Peter T. Nicholl Law Offices can discuss your rights as an injured passenger during a free case review. Our goal is to recover all compensation you are entitled, through an insurance claim or personal injury lawsuit.
Car Insurance for Passengers in an Accident
There are essentially three options for pursuing auto insurance compensation after suffering an injury as a passenger in a car crash. There are pros and cons to each option, which our attorneys can review with you after a crash.
Compensation from the Driver’s Policy
One option may be to file an insurance claim with the policy that covers the driver of the vehicle you were in. Drivers are required to have $30,000 in liability coverage for injuries they cause.
However, some people feel awkward making a claim against the insurance policy of the driver if this person is a family member or friend. That being said, you should remember you are not seeking recourse against the driver, just his or her insurance company. The driver will not have anything to do with the claims process in this situation.
The driver may also have personal injury protection (PIP) or medical payments (MedPay) coverage that covers all passengers in the car at the time of the accident. PIP coverage provides compensation for reasonable and necessary medical expenses, including the cost of hospitalization, surgery, and therapy or rehabilitation. PIP coverage also pays for lost wages.
This is one of the advantages PIP coverage has over MedPay, which only pays for medical costs, such as costs from:
- Surgery
- Rehabilitation
- Dental services
- Prosthetics
- X-rays
- Professional nursing
Compensation from the Other Driver’s Insurance
Another option is to file a claim against the other driver’s insurance policy. Drivers are required to maintain coverage for bodily injury liability in addition to property damage liability. Drivers are required to carry a minimum of $30,000 per accident in bodily injury coverage and $60,000 for two or more people injured in an accident they cause. Drivers are also required to carry a minimum of $15,000 for property damage they cause.
Many drivers carry only the minimum liability limits. However, some drivers purchase additional insurance. Injured passengers can receive compensation up to the policy limit when making a claim against the other driver’s insurance policy.
A drawback to this type of claim is that insurance adjusters may contest who is at fault for the accident and may deny the claim. This can cause additional obstacles and hassles for you as the passenger. When multiple vehicles are involved in the accident, each driver’s insurance company may try to blame the accident on the other drivers.
Compensation from Your Policy
Another option is to file a claim under your own insurance company. If you have PIP or MedPay, you can use this insurance to pay for your medical expenses – PIP also covers lost wages. You are covered by this insurance no matter who is at fault for the collision.
Some passengers are afraid to file this type of claim because they fear that their rates might go up. For this reason, some passengers use this option as the last resort in case the value of their damages exceeds the coverage limits of other insurance policies.
Filing a Lawsuit
If you still have damages for which you were not reimbursed after exhausting all insurance coverage or if your insurance claim is denied, you may be able to file a lawsuit against the at-fault party. You can pursue compensation for medical bills and lost wages, in addition to non-economic damages like pain and suffering and loss of companionship.
Whether you are filing a lawsuit or insurance claim, you can greatly benefit from the assistance of a qualified car accident lawyer. The attorneys at our firm have been through this process many times and know what it takes to obtain the fair compensation you deserve.
Frequently Asked Questions About Compensation for Car Accident Passengers
Can an injured passenger recover compensation after a car accident?
Yes, an injured passenger may be able to recover compensation if one or more drivers caused the crash. Passenger claims usually focus on proving negligence, causation, and damages rather than proving the passenger was at fault. The Law Offices of Peter T. Nicholl can evaluate which insurance policies may apply to the claim.
Who can be liable for a passenger’s injuries in a car accident?
The driver of the vehicle the passenger was riding in, another driver, or multiple drivers may be liable for the passenger’s injuries. Liability depends on who acted negligently and how that negligence caused the crash. Evidence such as police reports, witness statements, and vehicle damage can help determine responsibility.
Can a passenger file a claim against the driver they were riding with?
Yes, a passenger may be able to file a claim against the driver they were riding with if that driver caused or contributed to the accident. This is typically handled through the driver’s insurance, not as a personal demand against the driver directly. The legal issue is whether negligent driving caused the passenger’s injuries.
What damages can an injured passenger claim after a crash?
An injured passenger may claim damages for medical bills, lost wages, pain and suffering, future care, reduced earning capacity, and long-term physical limitations. The value of the claim depends on injury severity, available insurance coverage, and proof connecting the crash to the damages. Medical records are central to proving these losses.
What if both drivers blame each other for the accident?
If both drivers blame each other, the passenger’s claim may require evidence showing how each driver contributed to the crash. Police reports, video footage, witness statements, and crash reconstruction may help determine liability. The Law Offices of Peter T. Nicholl can review the available evidence and identify potential sources of recovery.
Does a passenger need to prove they were not at fault?
In most cases, a passenger does not need to prove they were not at fault because passengers usually do not control the vehicle. The claim typically focuses on which driver breached a duty of care and caused the injuries. However, insurers may still dispute causation, damages, or available coverage.
What evidence helps support a passenger injury claim in Maryland?
Helpful evidence includes medical records, police reports, crash scene photos, witness information, insurance details, vehicle damage, and proof of lost income. This evidence helps prove how the accident happened, who may be liable, and how the injuries affected the passenger. The Law Offices of Peter T. Nicholl can assess whether the documentation supports the claim.
When should an injured Baltimore passenger contact a lawyer?
An injured passenger should contact a lawyer soon after a crash if medical treatment is needed, liability is disputed, or multiple insurance companies are involved. Passenger claims can become complicated when drivers blame each other or coverage is limited. The Law Offices of Peter T. Nicholl can evaluate the claim before settlement decisions are made.
Contact Our Firm for Help with Your Claim
If you were injured as a passenger in an automotive accident, you have the right to pursue compensation for the medical expenses, lost wages, pain and suffering, and other damages that you have suffered.
Our car accident lawyers at The Law Offices of Peter T. Nicholl are experienced at pursuing maximum compensation from negligent parties. We charge no upfront fees and work on a contingency fee basis. We are only paid for our services if you receive compensation from a settlement or award.
Contact us today to explore your legal options and learn about your rights.
