What Are Your Legal Rights as an Injured Passenger in a Car Accident?

Being injured as a passenger in a car accident can feel overwhelming. You were not behind the wheel, but you are left dealing with painful injuries, time off work, and a stack of medical bills. So now what? What are your rights, and more importantly – who is responsible for covering the damage?

Let’s discuss your legal options, how liability works, and what steps you can take if you have been hurt as a passenger on Oklahoma roads.

Can a Passenger Sue in a Car Accident?

Yes. You can file a personal injury lawsuit as a passenger. If insurance does not cover all your damages – or if the at-fault driver is uninsured or underinsured – you may need to pursue a lawsuit to recover the full value of your losses.

A personal injury lawsuit for a passenger in a car accident is often filed against one or more of the following:

• The driver of the vehicle you were riding in
• Another driver involved in the crash
• A vehicle manufacturer (in cases involving defective parts)
• A government entity (for hazardous road conditions or faulty signals)

Filing a lawsuit allows you to hold the responsible parties accountable and seek compensation that reflects the true impact of your injuries.

Who Is Liable for a Passenger’s Injuries – and Can You Sue Both Drivers?

As a passenger, you are rarely at fault in a car accident, which means you have the right to seek compensation from any negligent party involved. That could be the driver of your vehicle, another driver, or both.

In multi-car crashes, it is not always clear who caused the wreck – maybe one driver was speeding while the other failed to yield. Oklahoma follows a modified comparative negligence rule (23 O.S. § 13), which allows you to file claims against multiple drivers. Each party is responsible for their share of the blame, which gives you a better shot at full compensation – especially if one driver lacks coverage.

If liability is not clear, do not stress. A car accident lawyer can investigate what happened, review reports, and help pinpoint who should be held accountable.

Who Pays for an Injured Passenger’s Damages?

After a car accident, figuring out who pays for an injured passenger’s damages comes down to fault and available coverage. In many cases, the responsible party’s liability insurance will handle it.

Here’s how it typically breaks down:

• If the Driver of the Vehicle You Are in Is at Fault – Their insurance is responsible
• If Another Driver Caused the Crash – Their insurer is liable
• If Both Drivers Share Blame – You can file claims with both insurance companies
• If No Insurance Exists or Coverage Is Insufficient – You may be able to use your own uninsured/underinsured motorist (UM/UIM) coverage or sue the negligent driver(s) directly

Also, if you have Medical Payments (MedPay) coverage through your auto policy, it may kick in to help cover immediate medical bills after a passenger car accident, regardless of fault.

What Compensation Can an Injured Passenger Claim?

As a passenger, you may be eligible for the same types of compensation as a driver would receive in a personal injury claim. This can include:

• Medical Expenses – ER visits, X-rays, follow-up care, and physical therapy
• Lost Income – If your injuries keep you out of work, you can seek compensation for lost wages or reduced earning capacity
• Pain and Suffering – Physical pain, emotional trauma, and loss of enjoyment of life all factor into your claim
• Out-of-Pocket Costs – Travel to medical appointments, medical equipment, or in-home care services

Every case looks a little different. The severity of your injuries, the amount of available insurance coverage, and the specific circumstances of the crash all play a role in your potential settlement.

For reference, passenger injury settlements and compensation can range from a few thousand dollars to hundreds of thousands, especially in severe injury cases. But without legal guidance, it is easy for insurance companies to undervalue your claim.

How Long Do Passengers Have to File a Claim After an Accident?

In Oklahoma, you have two years from the accident date to file a personal injury claim, whether you were driving, walking, or riding as a passenger. This deadline, known as the statute of limitations under Oklahoma Statute §12-95, marks the legal window to pursue compensation – and once it passes, your opportunity to recover damages can disappear. Waiting too long can also make gathering evidence or locating witnesses harder. Acting quickly, even if you’re still in recovery, gives your lawyer the best chance to build a strong case on your behalf.

Filing a Claim as a Passenger in an Accident

Whether you are riding with a friend, co-worker, or rideshare driver, the process for filing a claim as an injured passenger usually follows these steps:

• Seek medical attention right away – even if you do not feel hurt at first.
• Get a copy of the police report. This document helps clarify what happened and who may be liable.
• Notify your insurance provider. Even though you were not driving, your policy might offer some protection (like MedPay).
• Request the insurance details from all involved drivers.
• Speak with a personal injury attorney before signing anything from the insurance companies.

If you are worried about hurting your relationship with the driver (especially if they are a friend or family member), keep in mind that insurance companies typically pay out passenger injury claims in car accidents – not the individuals personally.

Call Abel Law Firm Today to Discuss Your Passenger Injury Case

If you have been injured as a passenger in a car accident, you do not have to figure everything out on your own. The car accident attorneys at Abel Law Firm have helped injured Oklahomans for decades, standing up to insurance companies and getting results when it matters most.

To learn more about how we support injured passengers and others hurt in crashes, reach out to our team and schedule a free consultation. You can also reach us by phone at (405) 239-7046. Let us fight for your rights while you focus on recovery.