Who pays for my medical expenses if I was injured as a passenger in a car accident?

In most car accident claims, a victim has the burden of proving that the other driver was more at fault for causing the crash. However, when a passenger is hurt in a car accident, he cannot be held liable for causing the accident since he was not in control of any of the vehicles. While this usually means that the passenger has an easier time getting compensation, there are many situations that can make it difficult for the passenger to recover injury costs.

Common Problems When Passengers Seek Car Accident Injury Costs

Passenger injury claims are similar to other injury claims, except that the passenger cannot be held liable. Typically, the passenger can file a claim against the insurance policy of the vehicle he was riding in, the policy of the other driver, or even against both drivers. The amount of injury damages will depend on which driver should pay for your injuries, as well as the limits of the at-fault driver’s car insurance coverage.

However, compensation for passengers is not always straightforward. There can be significant barriers to adequate injury payments, especially if the accident involves:

Multiple vehicles.

If the accident involved two cars, one of the drivers will likely be found liable for the crash. However, it is not uncommon for insurance companies to fight about which driver caused the accident, leaving the passenger waiting weeks or months for injury payments. In many cases, the passenger can make a claim against the insurance companies of both drivers after a two-car crash, especially if his injuries are severe.

One vehicle.

If the accident only involved one car—if the driver ran off the road or struck a pothole, for example—then the driver of the car will be the one liable for damages. The driver of the car you are riding in should be able to pay for your injuries as well as his own through his policy, but splitting the limit of the coverage between you can leave you both underpaid.

Multiple passengers.

The more people who are injured in a crash, the less each one will be awarded for his injuries. For example, if three passengers sustain injuries and are awarded damages through the negligent driver’s insurance, the passengers will have to split the total amount of the coverage under the driver’s insurance. If the insurance payout is not enough to cover their injuries, the passengers may have to file an injury suit.

Related links

Christopher L. Russo [email protected]

Helping Rhode Island personal injury victims for nearly three decades to get the compensation they deserve.

Request a Consultation Today

We have the experience and skills in personal injury, workers’ compensation, family law, and business law that you need. Please complete the form below and we will contact you shortly.

Name *

Phone *

Email *

Tell Us More

Contact Opt In

Disclaimer: I am using this form to contact Kirshenbaum & Kirshenbaum regarding a potential legal matter. By providing my phone number to Kirshenbaum & Kirshenbaum, I agree and acknowledge that Kirshenbaum & Kirshenbaum may send text messages to my wireless phone number for the purpose of discussing this legal matter. Message and data rates may apply. Kirshenbaum & Kirshenbaum will only send the necessary amount of SMS text messages in reply to your submission. We will not send numerous/unrelated messages to you, and you will be able to opt-out at any time by replying “STOP”. Privacy Policy: No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties. *

Testimonial

I reached out to Kirshenbaum & Kirshenbaum for a consultation after being rear ended at a red light in Rhode Island, which resulted in an injury. After looking around frantically, I ended up being referred to this firm through a family member. My attorney Christopher Russo took care of everything. From proving liability, total loss settlement negotiation, and guiding me through the personal injury aspect and making sure I received all the medical care I needed (going to doctors and PT). Without my attorney through Kirshenbaum & Kirshenbaum, I don't think I would have been able to get as favorable of an outcome by myself. They truly stand by their word and will do everything in their power to help you. My case took approximately one year to the day to fully settle with varying levels of communication throughout. Without hesitation I recommend Kirshenbaum & Kirshenbaum for personal injury matters. Dylan S.
Mr. Christopher Russo exemplifies what it means to be committed to the legal profession and for tirelessly advocating for his clients. He is committed to justice – this indeed is his passion. He is an individual whose life and profession embody key principles – the principles of honesty, excellence, integrity, compassion, and empathy. C.P.
Christopher and staff were friendly, professional and welcoming - both on the phone and in person

Offices

Warwick Office

117 Metro Center Blvd. Suite 1003
Warwick, RI 02886
Phone: 401-946-3200
Toll Free: 888-591-9976
Location Details
Directions

Who pays for my medical expenses if I was injured as a passenger in a car accident?

Common Problems When Passengers Seek Car Accident Injury Costs

Multiple vehicles.

One vehicle.

Multiple passengers.

Have You Been Injured In A Rhode Island Car Accident?