Your Rights as a Passenger in a Car Accident: Legal Options

Getting hurt as a passenger can flip life upside down. One moment you are heading to work or home, the next you are in a wreck, facing medical visits, bills, and a lot of questions. At Shlosman Law Firm in New Orleans, we help people recover from serious crashes and hold insurance companies accountable for their promises.

Our goal here is to explain your rights as a passenger, your options for compensation, and how a claim actually works; this article is educational, not legal advice.

Overview of Passenger Rights in a Car Accident

Passengers generally have the same rights as drivers to recover money for injuries and related losses. You can pursue a claim no matter who caused the collision, including the driver of the car you rode in. That includes the chance to file claims against more than one party if the facts support it.

Think of it this way: your injuries are real, even though you were not behind the wheel. If multiple drivers share blame, you can pursue each one. A careful review of the crash helps identify which claims are valid.

Establishing Negligence and Liability

To recover from an at-fault driver or their insurer, your claim needs to show negligence. Negligence has four key elements: a duty of care, such as obeying traffic laws; a breach of that duty; the breach causing a collision; and the resulting harm, including medical bills, lost income, or pain and suffering. Proving the driver acted carelessly or recklessly links their conduct to your injuries.

Evidence drives this. Police reports, photos, video, and witness statements often make the difference. Medical records and billing back up the harm you suffered.

Potential Sources of Compensation for Passengers

Multiple insurance policies can apply to a passenger claim. The right mix depends on where the crash happened, available coverage, and who shares fault. Below are familiar sources that we review in New Orleans cases and across the Gulf South.

Personal Injury Protection (PIP) Insurance

Some states, including Florida, require PIP as part of the minimum auto policy. PIP pays for a portion of medical care and lost income for passengers, regardless of fault, which is why it is often referred to as no-fault coverage. There are limits and exclusions, so PIP usually runs out in cases involving moderate or serious injuries.

If PIP applies, you can still pursue other claims if your losses exceed those limits. Keep copies of all bills and receipts, since they support any added recovery.

Liability Insurance of At-Fault Driver(s)

Passengers can file a third-party claim against the at-fault driver’s liability policy. If two drivers share blame, you can pursue both, and settlements are often split based on fault. Louisiana follows the comparative negligence doctrine, which reduces a payout by a person’s share of fault, and in rare cases, a passenger’s share of fault may also be considered.

When the at-fault driver is a friend or family member, a settlement typically still comes from their insurer, not their own pocket. That eases a lot of worries we hear from clients.

Uninsured/Underinsured Motorist (UM/UIM) Coverage

UM or UIM applies when the at-fault driver has no insurance or not enough to cover your losses. As a passenger, you can make a UM or UIM claim under your own policy if you have it, or under the vehicle owner’s policy if that coverage is available. These claims can fill the gap when liability limits are too low.

Med Pay Insurance

Some drivers purchase Medical Payments coverage, often referred to as Med Pay. If the car you rode in has Med Pay coverage, you can claim benefits for treatment costs up to the limit without proving fault. It is a quick way to keep bills from piling up while the liability claim is pending.

Health Insurance

Use your health insurance to cover the cost of care, and then your injury claim can reimburse out-of-pocket expenses, such as copays and deductibles. Health insurers often require repayment if you receive a settlement, which is handled through a process called subrogation. Keeping detailed billing records helps to clean up the situation later.

Coverage Type	Whose Policy	What It Pays	Limits or Notes	Fault Needed
PIP	Driver or passenger, in PIP states	Medical costs, some lost income	State required in some states, dollar caps apply	No
Liability	At-fault driver	All injury losses up to limits	Can pursue multiple drivers when fault is shared	Yes
UM/UIM	The passenger’s policy or the vehicle owner	Injury losses not covered by the at-fault driver	Great for low-limit or no-insurance crashes	Yes, proves the other driver at fault and uninsured or underinsured
Med Pay	Vehicle owner	Medical bills, regardless of fault	Usually small limits, pays quickly	No
Health Insurance	Passenger	Medical treatment under plan rules	Reimbursement can be required from the settlement	No

Sorting out these layers early can expedite care and alleviate financial stress. We often stack sources to cover the full picture of loss.

Types of Recoverable Damages

Passengers hurt in a crash can recover money for a wide range of losses. The list below highlights common items we see in claims.

• Medical expenses, past and future treatment
• Lost wages and reduced earning ability
• Pain and suffering
• Property damage, such as broken glasses or a phone
• Travel, home help, and other related expenses
• Other nonfinancial harm tied to your injuries

Document everything. Small costs add up and help show the real impact on your life.

Steps to Take After a Car Accident as a Passenger

Your health comes first, then protect your rights with a few simple steps. These steps also create the evidence needed for a strong claim.

• Get medical care immediately, even if the pain feels mild at first.
• Collect names, phone numbers, and insurance details for all drivers.
• Take photos or videos of the vehicles, scene, skid marks, and your injuries.
• Ask witnesses for their contact information.
• Talk only to the police and your lawyer about what happened.
• Contact a car accident lawyer as soon as possible.

A quick start often preserves proof that can disappear fast. It also helps keep insurance adjusters honest.

The Claims Process: Insurance Settlement vs. Lawsuit

Most passenger claims start with the at-fault driver’s insurer. You present evidence, demand a fair settlement, then negotiate. Many cases settle without the need for a lawsuit, especially when the driver is someone you know and the fault is clear.

A lawsuit may be needed in disputes over fault, large injury cases, or when a third party, such as an employer or parts maker, shares blame. Filing suit does not mean you are headed to trial; it often restarts talks and pushes insurers to value the case properly. We prepare every claim as if it were a courtroom, which strengthens your bargaining position.

Passenger Liability: When Can a Passenger Be At Fault?

It is rare, but a passenger can be found partially at fault if they fail to fulfill a basic duty of care. Louisiana’s comparative fault rules can reduce compensation by any share assigned to the passenger. If someone points the finger at you, act quickly to protect your claim.

• Distracting the driver with arguments, grabbing, or loud behavior
• Encouraging reckless driving, such as speeding or racing
• Interfering with controls, such as the wheel or emergency brake
• Blocking the driver’s view

If blame gets pushed your way, reach out right away. Witness accounts, phone data, and video footage can help clarify this.

How Shlosman Law Firm Can Assist You

A car accident attorney can run your claim from start to finish so that you can focus on healing. We answer questions, investigate the crash, identify all liable parties, prove negligence, assess the case value, and handle all negotiations with insurers; if necessary, we file suit and press forward. We also track deadlines, including the Louisiana two-year statute of limitations for personal injury claims under Civ. Code Art. 3493.1.

Our team understands how insurers attempt to minimize payouts; we counter with facts and thorough documentation to support our claims. Whether your driver is a friend or the other motorist, the claim is usually paid by insurance. That can take some pressure off challenging personal situations.

Get the Support You Need After a Car Accident

Shlosman Law Firm stands up for injured passengers across New Orleans, and we work diligently to achieve real results that help you move forward. If you’re looking for straightforward advice and a plan tailored to your specific situation, we are ready to step in and take care of the details. Call 504-826-9427, email info@shlosmanlaw.com, or visit our website to get started today.