Injured as a Passenger in a Car Accident?

If you were a passenger in a car accident, you may have a right to compensation, even if the driver was a friend or family member. Passengers often suffer injuries as serious as the drivers involved. Yet many don't know they can file a claim.

Here's what happens when a passenger in a car crash gets hurt in Pennsylvania: whose insurance pays your bills, who you can file a claim against, and what can affect your case.

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Who Pays Your Medical Bills as a Passenger?

In Pennsylvania, your medical bills are paid first through the medical benefits on an auto policy, no matter who caused the crash. Which policy pays depends on your situation, in this order:

1. Your own auto policy pays when you have car insurance in your home.
2. A household relative's auto policy pays when you don't have a policy, but a relative you live with does.
3. The policy on the car you were riding in pays when neither of the above apply.

Every Pennsylvania auto policy must include at least $5,000 in medical benefits. These pay your medical bills up to the policy limit. Once they run out, your health insurance may cover remaining bills, depending on your plan and its terms.

Some health insurance plans may ask to be paid back from your settlement. This is called subrogation. Pennsylvania law limits subrogation for some plans, while others, like certain employer plans, follow different rules. Our team reviews your health plan and works to protect as much of your settlement as possible.

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Can a Passenger File a Claim Against the Driver?

Yes. If the driver of your car caused the crash, or was even partially responsible for causing it, you can file a claim against their insurance.

Many passengers worry about suing a friend or loved one. In most cases, claims settle with the insurance company long before a lawsuit is filed. Monthly insurance premiums are paid to protect passengers like you, not to enrich the insurance companies.

Who Do You File a Claim Against?

As a passenger, you're rarely at fault, so your claim goes against whoever caused the crash: ‍

• ‍The driver of your car, if they were at fault

• The other driver, if they caused the crash

• Both drivers, if they share the blame

• The rideshare company's insurance, if you were riding in an Uber or Lyft

• Your own uninsured or underinsured motorist coverage, if the at-fault driver had no insurance or not enough

• A resident relative's uninsured or underinsured motorist coverage, depending on stacking, if the at-fault driver had no insurance or not enough

Hurt while riding with someone you know? You shouldn't have to choose between your relationship and getting help for your injuries. We can explain your options and what filing a claim would mean. Contact us for a free consultation.

Does Limited Tort Affect You as a Passenger?

It can. Pennsylvania drivers choose between limited tort and full tort coverage. Limited tort can restrict your right to recover money for pain and suffering.

As a passenger, your tort option usually follows your own auto policy, or the policy of a relative you live with. If you don't own a car and aren't covered by any policy, you generally keep your full right to recover pain and suffering.

There are also exceptions to limited tort, such as when the at-fault driver is convicted of DUI or you suffer a serious injury. Learn more about limited tort vs. full tort and the exceptions to limited tort.

What Compensation Can a Passenger Receive?

A passenger injury claim may include money for:

• Medical bills, now and in the future

• Lost wages and lost earning ability

• Pain and suffering, depending on your tort option

• Out-of-pocket costs, like travel to medical appointments

• Funeral costs and other losses if a passenger was killed

How much you can receive depends on your injuries, the insurance available, who was at fault, and your tort option.

How Long Do You Have to File a Claim?

In Pennsylvania, you generally have two years from the date of the accident to file a personal injury lawsuit. In limited cases, the discovery rule may extend that deadline. If you were a minor at the time of the accident, the two-year period begins on your 18th birthday, so a lawsuit would need to be filed before you turn 20.

Don't wait. Evidence can disappear quickly, so contact us as soon as possible after the crash.

What Should You Do After a Car Accident as a Passenger?

A few early steps can protect your health and your claim:

• Get medical care right away, even if you feel fine

• Keep records of your injuries, treatment, and missed work

• Get insurance information from every driver involved

• Talk to an attorney before you accept a settlement or give a recorded statement

Passenger Car Accident FAQs

Can a passenger be a witness in a car accident?

Yes. Passengers often have a clear view of what happened, and their account can be important evidence. If you were hurt, you can be both a witness and file your own claim.

Can a passenger sue a driver who was not at fault?

Your claim usually goes against whoever caused the crash. If your driver wasn't at fault, your claim would go against the other driver. Your medical bills are still paid through auto medical benefits (as charted above) either way.

Can a passenger in a car accident file a lawsuit?

Yes. Most passenger claims are settled with the insurance company, but you can file a lawsuit if a fair settlement isn't offered. In Pennsylvania, that generally must happen within two years.

How much can a passenger get from a car accident?

There's no set amount. It depends on how badly you were hurt, your medical costs and lost wages, the insurance coverage available, and your tort option.

Will the driver's insurance rates go up if I file a claim?

An at-fault crash can affect the liable driver's rates whether or not a passenger files a claim.

Can a passenger be at fault for a car accident?

It's rare. A passenger could share fault if they did something that caused the crash, like grabbing the steering wheel or blocking the driver's view.

Talk to a Passenger Injury Lawyer for Free

If you were hurt riding as a passenger, you probably have questions about who pays your medical bills and whether a claim will affect someone you know. Since 1982, Edgar Snyder & Associates has represented more than 75,000 clients and recovered billions of dollars. We'll help you understand your rights and get to work for you by:

• Sending investigators to collect evidence

• Hiring experts to prove your case

• Standing up to insurance companies

• Covering your upfront costs, so you owe nothing unless we get money for you

• Helping you plan for unexpected expenses

Contact us today for a free consultation. There's never a fee unless we get money for you.