Can a Passenger Sue After a Car Accident?

Being injured as a passenger in a car accident can feel overwhelming. You may be facing unexpected medical bills, lost income, and painful injuries, all despite not causing the crash. Passengers have no control over a collision, yet they often suffer serious consequences.

Delaying legal action may put your claim at risk. Evidence can disappear, insurers may dispute responsibility, and strict deadlines may expire. Having legal guidance early can make a difference. At Marcari, Russotto, Spencer & Balaban, we help passengers protect their rights, handle insurance claims, and pursue fair compensation so they can focus on healing.

What Happens if I Am a Passenger in a Car Accident?

Passengers are recognized as accident victims under the law. If you are injured, you may have a personal injury claim for medical expenses, lost wages, and pain and suffering.

Your recovery options often depend on:

• Who was at fault for the crash
• Available insurance coverage
• Whether the accident occurred in a fault or no-fault state

Passengers should seek medical attention promptly and speak with a car accident attorney to understand their options.

What Rights Do I Have as a Passenger?

As an injured passenger, you may have important legal rights, such as:

• Filing a claim against the driver of the car you were riding in.
• Pursuing a claim against other drivers involved in the crash.
• Seeking recovery from multiple insurance policies if fault is shared.
• Using your own coverage if uninsured/underinsured motorist (UM/UIM) or personal injury protection (PIP) applies.

Passengers generally do not need to prove fault themselves. Liability is determined based on the actions of the drivers or other responsible parties. A personal injury attorney at Marcari, Russotto, Spencer & Balaban can explain these rights, identify available insurance coverage, and guide passengers through the claims process.

What Steps Should You Take at the Accident Scene?

Prioritizing safety and collecting information at the scene can help protect both your health and your legal rights. Steps to take include:

• Move to a safe location and call 911. Request emergency medical services for any injuries, even if they seem minor.
• Contact the police and obtain a report number. A police report documents the parties, insurance information, and initial findings that may serve as key evidence.
• Exchange information with all drivers, including names, contact details, insurance policy numbers, license plates, and vehicle owner information.
• Gather witness details by noting names, phone numbers, and email addresses. Brief notes about what they observed can be valuable later.
• Document the scene with photographs of vehicle damage, skid marks, traffic signals, weather conditions, and visible injuries.
• Avoid speculation or admissions of fault. Provide factual information only.
• Request a copy of the police report, as your attorney and insurers will rely on it for the claims process.

Taking these steps helps build a stronger foundation for your claim. The team at Marcari, Russotto, Spencer & Balaban can use this information to support your case and pursue fair compensation on your behalf.

What Should Passengers Do After Leaving the Accident Scene?

The steps taken in the days and weeks following a car crash can be just as important as what happens at the scene. For injured passengers, protecting both health and legal rights involves:

• Following up on all medical care, including attending appointments and keeping records of treatment and expenses.
• Saving receipts, wage statements, and documentation that show the financial impact of the accident.
• Avoiding social media posts about the accident or injuries, as insurers may use them to challenge claims.
• Keeping copies of all correspondence with insurance companies and sharing them with your attorney.
• Contacting a lawyer as soon as possible to review deadlines and build a strong case.

Marcari, Russotto, Spencer & Balaban supports passengers through every stage of recovery, from immediate next steps to long-term claim management.

Who Is Liable for Injuries to a Passenger in a Car Accident?

Liability for passenger injuries may fall on one or more parties, including:

• The driver of the car you were riding in, if their negligence contributed to the crash
• Another driver, if their actions caused the collision
• Both drivers, in comparative negligence states like South Carolina, where responsibility can be shared
• Employers of commercial drivers involved in the accident
• Rideshare companies such as Uber or Lyft, depending on insurance rules
• Auto manufacturers if a defective part contributed to the crash
• Government agencies responsible for unsafe road conditions

Marcari, Russotto, Spencer & Balaban can review the facts of your accident, determine all liable parties, and pursue all available insurance coverage on your behalf.

How Can Passengers Prove Negligence and Liability?

To recover damages, passengers must show that a driver or other party acted negligently. This requires proving:

• Duty of care: Drivers are expected to operate vehicles safely
• Breach of duty: Negligent actions such as speeding, texting, or driving under the influence
• Causation: The negligent act directly caused the passenger’s injuries
• Damages: The injured passenger suffered measurable losses

Helpful evidence may include police reports, witness statements, dashcam or black box data, accident scene photos, and medical records documenting treatment.

The legal team at Marcari, Russotto, Spencer & Balaban evaluates this evidence closely and works to present a clear, well-supported case for injured passengers.

Are You Eligible for a Settlement If You Are a Passenger?

Passengers injured in a car accident may be eligible for compensation if negligence caused the crash. Common recoverable damages include:

• Medical costs such as emergency care, rehabilitation, and ongoing treatment
• Lost income during recovery or reduced future earning capacity
• Pain and suffering related to physical injuries and emotional trauma
• Property damage for personal belongings harmed in the crash
• Wrongful death-related damages if a passenger loses their life in the accident

Marcari, Russotto, Spencer & Balaban helps injured passengers pursue the full scope of damages available under the law.

What If a Passenger Is Partially at Fault?

Fault rules differ by state and can affect a passenger’s ability to recover damages:

• South Carolina follows comparative negligence, which reduces recovery by the passenger’s percentage of fault
• Virginia and North Carolina follow contributory negligence, where any degree of fault may prevent recovery

Passengers are rarely considered at fault, but situations such as knowingly riding with an impaired driver can complicate claims. Attorneys at Marcari, Russotto, Spencer & Balaban can explain how these state laws apply and advise on the best path forward.

Fault States vs. No-Fault States

The type of state where the accident occurs affects how passengers pursue compensation:

• Fault states such as Virginia, North Carolina, and South Carolina: The at-fault driver’s insurance company is responsible for damages, and passengers may file claims against whichever driver caused the crash
• No-fault states: Passengers typically rely on their own personal injury protection (PIP) coverage first. A lawsuit against the at-fault driver is only possible if the injuries meet the state’s serious injury threshold

The attorneys at Marcari, Russotto, Spencer & Balaban can explain how these rules apply to your situation and identify the best available sources of recovery.

Can Not Wearing a Seat Belt Affect a Passenger’s Claim?

Seat belt laws differ by state, but in Virginia, North Carolina, and South Carolina, not wearing a seat belt does not automatically reduce a passenger’s ability to seek compensation:

Virginia

Evidence of seat belt non-use is not admissible to prove fault or reduce damages (Va. Code § 46.2-1094(D)).

South Carolina

A violation of seat belt law cannot be used as negligence or to limit damages in a civil action (S.C. Code § 56-5-6540(C)).

North Carolina

Failure to wear a seat belt is generally not admissible in civil trials for crash-related claims (N.C. Gen. Stat. § 20-135.2A(d)).

If insurers try to argue that not wearing a seat belt affects your case, an attorney can challenge these claims. Marcari, Russotto, Spencer & Balaban protects passenger rights by applying state laws correctly and advocating for fair compensation.

What Insurance and Legal Options Do Injured Passengers Have?

Injured passengers may have several paths to recovery, including:

• Personal health insurance: Coverage can pay for medical treatment, though insurers may later seek reimbursement from any settlement or recovery.
• Third-party insurance claims: Passengers can file claims against the at-fault driver’s liability policy and, in some cases, against multiple insurers if more than one driver shares responsibility.
• Personal injury claims: When insurance coverage is denied or insufficient, passengers may pursue a personal injury lawsuit against the responsible parties within the statute of limitations

Each option has its own rules and challenges. The attorneys at Marcari, Russotto, Spencer & Balaban can explain available coverage, handle negotiations, and take the steps needed to protect your rights.

What Insurance Covers Passengers in Uber and Lyft Accidents?

Rideshare passengers have specific protections under insurance rules, which vary depending on the driver’s app status:

• App off: Only the driver’s personal auto insurance applies.
• App on and waiting for a ride: Limited contingent liability coverage may be available.
• Passenger accepted or in the car: Uber and Lyft provide up to $1 million in third-party liability coverage when a passenger is in the vehicle. This coverage typically includes uninsured/underinsured motorist (UM/UIM) protection, although UM/UIM limits may vary depending on the state where the accident occurs.

Because coverage depends on the driver’s status in the app, rideshare claims can be complex. Marcari, Russotto, Spencer & Balaban can guide injured passengers through these claims and pursue the compensation available under the law.

How MedPay, PIP, and UM/UIM Coverage Work for Passengers

Different types of insurance coverage may help passengers after an accident.

Medical Payments Coverage (MedPay)

Pays for necessary medical bills after a crash, regardless of fault. MedPay is common in Virginia, North Carolina, and South Carolina and often provides early payment.

Personal Injury Protection (PIP)

Required in no-fault states, PIP covers medical expenses and sometimes lost wages, though lawsuits are limited unless injuries meet the state’s serious injury threshold.

Uninsured/Underinsured Motorist Coverage (UM/UIM)

Helps when the at-fault party has no insurance or not enough coverage. This protection can be especially important for passengers when liability limits are low.

Marcari, Russotto, Spencer & Balaban can review all applicable coverages, coordinate benefits, and pursue compensation through every available policy.

Can a Passenger File a Lawsuit After a Car Accident?

Passengers can file a lawsuit when insurance coverage is denied, disputed, or insufficient to cover their losses. Depending on the circumstances, claims may be brought against the driver of the car they were riding in, another driver involved, or both.

If liability limits are too low, recovery may also come through uninsured or underinsured motorist (UM/UIM) coverage. In Virginia, as of July 1, 2023, underinsured motorist (UIM) benefits stack on top of the at-fault driver’s liability coverage by default, unless the policyholder has opted for reduced UIM benefits (Va. Code § 38.2-2206). This change may significantly increase recovery options for injured passengers.

Even family members can be held liable if they caused the crash, though policy exclusions may apply. In these cases, careful review of all available coverage is essential.

Marcari, Russotto, Spencer & Balaban helps passengers evaluate when a lawsuit is appropriate and identify every possible source of recovery.

Statute of Limitations for Passenger Injury Claims

Deadlines to file a passenger injury claim vary by state, and missing one can prevent recovery:

• Virginia: Two years for personal injury claims (Va. Code § 8.01-243(A)).
• North Carolina: Three years for personal injury claims (N.C. Gen. Stat. § 1-52), typically from the date of injury.
• South Carolina: Three years for most personal injury claims (S.C. Code § 15-3-530, § 15-3-535).

Special rules may extend these deadlines for minors or individuals with certain disabilities. Because the statute of limitations is strict, it is important to confirm the correct timeframe early. The attorneys at Marcari, Russotto, Spencer & Balaban track these deadlines carefully while protecting passenger rights.

Tolling rules may apply for minors or certain disabilities. Always verify the correct deadline for the specific claim type.

How Do Medical Liens and Subrogation Affect Passenger Claims?

Health insurers and government programs may seek repayment from a passenger’s settlement or award:

• Medicare requires repayment under the Medicare Secondary Payer rules
• Medicaid places statutory liens, though federal and state limits apply
• ERISA and self-funded plans may pursue reimbursement under their plan terms

These claims can significantly affect the final recovery amount. The legal team at Marcari, Russotto, Spencer & Balaban reviews lien notices, verifies amounts, and works to negotiate reductions when permitted by law so passengers receive the compensation they deserve.

Understanding the Personal Injury Claim Process

The claims process for injured passengers generally involves several steps:

• Filing insurance claims supported by evidence such as police reports, medical records, and documentation of lost income.
• An investigation by insurers, who review liability and damages and may request additional records or statements.
• Negotiation with insurance adjusters, where a demand for compensation is presented and settlement discussions take place.
• Filing a lawsuit if settlement efforts fail and additional legal action is needed within the statute of limitations.

Passengers should avoid giving recorded statements to insurers without first seeking legal guidance, as these can be used to dispute fault or damages.

The personal injury lawyers at Marcari, Russotto, Spencer & Balaban help passengers navigate car accident claims from start to finish, focusing on both protecting rights and pursuing fair outcomes.

How Can a Car Accident Lawyer Help Injured Passengers?

A car accident lawyer can play a critical role in helping passengers recover after an injury. Support may include:

• Reviewing the facts of the accident, available insurance coverage, and damages.
• Gathering evidence such as police reports, medical records, wage documentation, and witness statements.
• Preparing and submitting insurance claims while handling communication with insurers.
• Negotiating for fair compensation supported by clear medical and financial records.
• Filing lawsuits within the statute of limitations if insurance coverage is denied or insufficient.

Beyond these steps, an attorney provides guidance throughout the process, helping passengers focus on healing while legal matters are handled. The attorneys at Marcari, Russotto, Spencer & Balaban are committed to protecting passenger rights in personal injury cases and pursuing fair compensation for victims.

Why Choose Marcari, Russotto, Spencer & Balaban

Marcari, Russotto, Spencer & Balaban represents car accident victims throughout Virginia, North Carolina, and South Carolina. We understand how passenger injury claims work under state-specific laws and insurance coverage rules, including contributory and comparative negligence. With decades of experience handling personal injury matters, our team works to guide clients through every stage of the claims process.

Contingency Fee Representation

Passengers often face unexpected financial strain after an accident. At Marcari, Russotto, Spencer & Balaban, legal services are offered on a contingency fee basis. This means clients do not pay attorney’s fees unless compensation is recovered.

Free Consultations and 24/7 Support

Injured passengers may have questions and concerns at any time of day. The firm offers free consultations and is available 24/7, giving clients direct access to legal guidance when it matters most.

Testimonials

“I had a great experience working with this law firm after my car accident. They were professional and made sure everything was handled properly from start to finish. Even when things felt overwhelming, they kept things moving and got the job done. I’m truly grateful for their support and would definitely recommend them to anyone needing help after an accident. Thank you again for your hard work and dedication!” — Cierra N.

“The attorneys, paralegals and administrative staff at the MRS&B are very professional, polite, kind and responsive. Whenever I had questions or wanted an update they were always happy to provide as much information as they could on my case. Periodically I was contacted for exactly that reason and they always checked in with me about my health and well being. I have not felt like just a number, which is remarkable considering the number of claimants MRS&B is representing.” — Derek W.

Injured as a Passenger? Request Your Free Case Review Today.

Passengers hurt in car accidents often face medical bills, lost income, and emotional stress while trying to understand their legal options. Our team investigates liability, preserves evidence, and pursues fair compensation for every client.

Marcari, Russotto, Spencer & Balaban offers free legal consultations and is available 24/7 to answer your questions. Call 855-435-7247 or reach us through our contact form to discuss your situation and learn how we can help.