Can a Passenger Get Compensation After a Car Accident?

Whether in a rideshare vehicle, going on a family trip, or out with friends, all too often, vehicle passengers involved in accidents suffer injuries and damages. After a traumatic event like a car accident, passengers may feel overwhelmed and unsure of whether they have the right to pursue compensation for their damages. 

Bellow, we’ll explain passengers’ legal rights and what they can do if they see themselves affected by a motor vehicle accident. Keep reading to learn what legal protections passengers have in the event of a crash, and when calling a lawyer is the right move.

Who Can File a Claim?

If you were a passenger in a car accident, this likely means you weren’t responsible for the incident. Even so, figuring out next steps can be challenging. The good news is that passengers usually have the right to seek compensation. However, figuring out who the responsible parties are and how to proceed with a claim isn’t always straightforward.

At Adamson Ahdoot, we know that accidents can be overwhelming physically, financially and emotionally. That’s why when you hire us, we take over the legal proceedings, so you can focus completely on your recovery.

Building the Legal Case

Whether riding with a friend, a family member, or in a rideshare vehicle like an Uber or Lyft, you may be entitled to compensation for any injuries suffered in a vehicle accident. To file a claim, as well as identifying the negligent party, 4 legal principles common to most personal injury cases must be established:

1. Duty of Care: The responsible party had a legal obligation to act in a way that didn’t put others at risk. For example, drivers have a duty to follow traffic laws and operate safely.
2. Breach of Duty: The responsible party failed to meet their duty of care. This might include distracted driving, speeding, or poor vehicle maintenance.
3. Causation: The breach of duty directly caused the accident and resulting injuries.
4. Damages: The accident led to measurable losses, such as medical bills, lost wages, or emotional trauma.

Even if you’re not sure who the responsible party was, or if all 4 principles are met, the legal team at Adamson Ahdoot can help. Our experts will conduct a thorough investigation and help you build a compelling case.

Types of Claims Available to Passengers

As a passenger, even though you may not have played a role in the accident, you have legal options. In fact, the lack of legal responsibility may open up several paths for compensation. Here are some of those:

Against the At-Fault Driver

This can be the driver of the vehicle you were traveling in, or the driver of another vehicle. When negligence is at play, like in cases involving texting while driving, running a red light, or speeding, you may be entitled to compensation. To pursue this, you’ll need to file a claim with their auto insurance.

The damages you may be able to recover, include:

• Medical expenses (past and future).
• Lost income if your injuries kept you from working.
• Pain and suffering.
• Ongoing care or rehabilitation costs.

Even if the driver is someone you know, such as a friend or family member, the claim is typically handled by their insurance—not them personally. This way, you can obtain compensation for your loses without creating a personal conflict.

Through the Driver’s Insurance

If you’re injured while riding as a passenger, you may also have a right to compensation through the liability coverage of the driver you were riding with—even if they weren’t fully at fault.

Most insurance policies include coverage for passenger injuries. Depending on the limits of the policy, you may be able to collect a portion—or all—of your damages through this route.

However, coverage limits can apply, and if the injuries are severe, this coverage may not be enough on its own.

Against a Rideshare Company, like Uber or Lyft

If you were injured while riding in an Uber or Lyft, the company’s commercial insurance may apply. These policies typically include $1 million in liability coverage during active rides.

What that means for you:

• If the rideshare driver caused the crash, you may file through Uber or Lyft’s policy.
• If another driver was at fault, their insurance would apply first—but the rideshare company’s policy may kick in if the other driver is uninsured or underinsured.

Steps you’ll need to take:

• Report the accident through the rideshare app.
• Seek medical attention and document your injuries.
• Speak with an attorney before accepting any settlement offers.

Settlement vs. Trial for Passengers

As a passenger in a vehicle accident with injuries, you may eventually face a tough decision: should you settle or go to trial? The answer isn’t as simple as it may seem.

Insurance adjusters may seem friendly and even helpful at times, but the goal of these highly trained negotiators is to minimize the insurance company’s payouts. For that reason, you should avoid speaking to the insurance company until you’ve had a chance to discuss your case with a lawyer.

In many cases, insurance companies will extend settlement offers early on, in the hopes that you’ll accept it before discovering the full extent of your injuries. While this may be tempting at a time when you may be dealing with mounting medical bills and other financial strain, these initial offers are usually much lower than what’s available, and accepting them may prevent you from seeking further compensation.

Adamson Ahdoot’s trial attorneys can conduct extensive investigations, gather evidence, and analyze your medical prognosis to determine if settling out of court or proceeding to trial is a better option in your unique situation.

Frequently Asked Questions

While each accident case is unique, with unique challenges and needs, there are some questions we frequently hear from victims. Below, you can find answers to some of the most common ones:

Can I File a Claim Even if I Wasn’t the Driver?

Yes, any motor vehicle accident victim may file a claim. If you’ve been injured in an accident, you may be entitled to significant compensation. The team at Adamson Ahdoot can help you establish liability, gather evidence, and build a compelling case. If you have questions about how to proceed, our team is available 24/7 to guide you. Plus, we offer free, no commitment consultations. Call us today at (800) 310-1606 or submit your information online and we will reach out.

What Happens if Everyone Involved Uses the Same Insurance Company?

While this may seem like a complicated case, it happens more often than you’d think. To avoid internal conflicts, the insurance company will open a different claim file for each insured individual and assign different adjusters in different departments to each.

It’s important to keep in mind that even if both parties are insured by the same company, their objective remains the same: minimize their payouts as much as possible. Additionally, these companies may use the argument of the “shared customer” to try to pressure you into accepting a lower settlement than you’re entitled to. That’s why it’s essential to seek legal representation that can help you fight against insurers’ pressure tactics and assure you get the maximum compensation available. 

How Long Do I Have to File a Claim?

In California, most personal injury cases follow a two-year statute of limitations. This means that you have two years since the date of the accident to file a claim. However, there are exceptions to this rule. For example, in cases involving a government vehicle, worker, or entity. In this case, the statute of limitations is 6 months since the date of the accident.

The legal team at Adamson Ahdoot has a deep understanding of California’s nuanced regulations and can help you ensure all the relevant deadlines are met to ensure you have the best chance at full compensation.

Should I Take a Quick Settlement Offer?

The answer to this question depends on the specific details of your case, however, early settlement offers tend to undervalue the true impact of your injuries. The team at Adamson Ahdoot can examine the circumstances and the facts of your accident and help you determine the best course of action. Call us today to learn more about your options and what next steps to take.

What if My Injuries Get Worse After I’ve Accepted a Settlement?

Unfortunately, once you accept a settlement, your case is usually closed—permanently. That means even if your injuries turn out to be more serious than you originally thought, you likely can’t go back and ask for more money later.

That’s why it’s important to seek legal advice before you accept initial offers. The legal team at Adamson Ahdoot can help you evaluate your medical expenses, not just for your current injuries, but for possible future needs, and account for these when negotiating a fair settlement. This way, your compensation will cover your treatment, even if you have long-term injuries.

Adamson Ahdoot Can Help Passengers Recover What They’re Owed

If you were injured as a passenger in a car accident, you don’t have to navigate the legal process alone. At Adamson Ahdoot, we understand how overwhelming this experience can be—and we’re ready to help you take the next step with confidence.

Our team has represented passengers in all types of vehicle accidents and recovered millions on their behalf. Whether the driver was a friend, a rideshare company, or a total stranger, we know how to hold the right party accountable and fight for the full compensation you deserve.Call us today at (800) 310-1606, or send us a free case inquiry through our website. There’s no cost to get started—and no fee unless we win.