How Much Money Can a Passenger in a Car Accident Get?

For passengers, a car accident may be significantly disorienting and traumatic, because unlike drivers who may have been complicit in causing an accident, passengers are often completely unaware before it happens. Passengers are also generally not responsible for the crash, which means they often have a strong legal foundation for pursuing compensation.

However, the amount a passenger can recover depends on several factors, including the severity of injuries, the availability of insurance coverage, and the state in which the accident occurred. This article will guide you through passenger rights, the importance of fault, and the potential compensation passengers may be entitled to receive.

Passenger Rights in a Car Accident

Passengers have specific legal rights in car accident cases, and understanding these rights can significantly affect a claim's outcome. These rights ensure passengers are fairly compensated for their injuries and other damages.

The Right to File a Claim

Passengers can file a claim against the at-fault party’s insurance policy. This may include:

• The Driver of the Vehicle They Were In: If the driver of the car the passenger was traveling in caused the accident, the passenger can file a claim against that driver’s insurance or take legal action against the driver directly.
• Other Drivers Involved: If another vehicle caused the accident, passengers can pursue compensation from that driver’s insurance policy.
• Multiple Parties: In multi-vehicle accidents, passengers may be entitled to file claims against multiple at-fault drivers, maximizing the potential for recovery.

The Right to Medical Coverage

Passengers injured in a car accident can typically access coverage for medical expenses, regardless of fault, through:

• MedPay or Personal Injury Protection (PIP): These policies cover immediate medical expenses for injuries sustained in an accident. And although the policies are primarily for the drivers, they will cover a driver’s passenger after an accident.

All no-fault states require drivers to have PIP as part of their auto-insurance policies; while only Maine (Me. Stat. tit 29-A, § 1605-A), New Hampshire (N.H. Rev. Stat. Ann. § 264:16) required drivers to have Med Pay coverage.

• Health Insurance: Passengers may use their health insurance to cover medical costs while waiting for liability claims to settle.

The Right to Legal Representation

Passengers can seek legal representation to ensure their claims are handled correctly and fairly. An experienced attorney can help navigate the complexities of multiple insurance policies, state laws, and liability disputes.

Are Passengers Entitled to Compensation?

Passengers are generally entitled to compensation for their injuries and damages in a car accident. Multiple state laws reinforce this position: In Florida, for instance Fla. Stat. § 627.736 provides that any insurance policy must provide personal injury protection to motor vehicle passengers.

The types of compensation available include:

• Medical Expenses: This covers immediate and ongoing medical costs, such as hospital stays, surgeries, rehabilitation, and prescription medications.
• Lost Wages: If injuries prevent a passenger from working, they may recover compensation for lost income during recovery.
• Pain and Suffering: This category accounts for physical pain, emotional distress, and diminished quality of life resulting from the accident.
• Property Damage: If a passenger’s personal belongings were damaged in the accident (e.g., phones, laptops), they may receive reimbursement for repair or replacement.
• Future Losses: Passengers with severe or permanent injuries may also recover compensation for future medical care they may require due to that injury or any loss in earning potential suffered.

Why Fault Is So Important

Determining fault plays a critical role in how much compensation passengers can recover. Here’s why:

At-Fault Party’s Insurance Coverage

Compensation primarily comes from the at-fault party’s liability insurance. The compensation available can be limited if the at-fault driver has inadequate coverage. In such cases, passengers may need to pursue other avenues, such as:

• Filing claims against their own uninsured/underinsured motorist coverage if they have such coverage available.
• Pursuing claims against multiple parties in multi-vehicle accidents.

Shared Fault States

In states with comparative or contributory negligence laws, fault may influence the outcome of claims. While passengers are rarely deemed at fault, certain situations—such as distracting the driver—could reduce their compensation.

However, courts have also held that passengers in a vehicle have a duty to act prudently or as a reasonable man would to avoid accidents. Failure to carry out this duty could cause them to be deemed contributorily negligent, meaning they would lose right to any compensation. 

In Yearout v. Chicago, Milwaukee, St. Paul Pacific R, 82 Idaho 466, 354 P.2d 759 (Idaho 1960), the court concluded that when a passenger knows an approaching train at a railroad crossing, the passenger must either warn the driver or take any other appropriate action to avoid injury, and a failure to do that is enough to prove contributory negligence.

Policy Limits

Each insurance policy has coverage limits that cap the maximum payout. For example, if the at-fault driver’s policy covers $50,000 in bodily injury per accident and multiple passengers are injured, that $50,000 must be divided among all claimants.

How Much Can You Recover as a Passenger?

The compensation a passenger can recover depends on numerous factors, including the severity of injuries, the level of insurance coverage, and state-specific laws. Below is an overview of potential recovery amounts and factors influencing these figures.

In the United States, settlements for car accident injuries vary widely. Minor injuries, such as whiplash or bruising, might result in settlements ranging from $5,000 to $25,000. 

More severe injuries, such as broken bones or internal trauma, can result in compensation between $50,000 and $100,000. For catastrophic injuries—such as spinal cord damage or traumatic brain injuries—settlements often exceed $1 million.

State Variations

These recoverable amounts may, however, reduce or increase depending on the state the accident occurs in. Each state has unique laws that may influence compensation amounts.

Key differences include:

No-Fault vs. At-Fault States

In no-fault states, passengers must file claims through the driver’s PIP coverage, regardless of fault. Passengers can file claims against the liable party’s insurance in at-fault states.

Damage Caps

Some states cap non-economic damages (e.g., pain and suffering) or punitive damages. Nine states currently limit the non-economic damages for personal injury cases and they are Alaska, Colorado, Hawaii, Idaho, Maryland, Mississippi, Ohio, Oklahoma, and Tennessee.

To illustrate, in Alaska, Alaska Stat. § 09.017.010 provides that all non-economic damages must not exceed whichever is greater between $400,000 or the victim’s life expectancy in years multiplied by $8,000. 

But when the victim has suffered severe permanent physical impairment or severe disfigurement, non-economic damages will not exceed $1,000,000 or the victim’s life expectancy multiplied by $25,000 – whichever is greater.

Negligence Laws

In states like Maryland (Harrison v. Mont. Co. Bd. of Educ, 295 Md. 442, 456 A.2d 894 (Md. 1983)), passengers will be prevented from recovering any compensation for the accident if they are even in the least bit responsible for it. 

But in other states like New York (N.Y. C.P.L.R. § 1411), passengers will be allowed to recover, no matter how much fault they bear for the accident; their compensation will only be reduced in proportion to the percentage of the accident they caused.

Finally, in states like Texas (Tex. Civ. Prac. & Rem. Code § 33.001) the passenger will not be able to recover if they are 51% or more responsible for the accident. In some other states, 50% is the benchmark.

Factors Influencing Compensation

The following factors significantly impact the amount a passenger can recover:

1. Severity of Injuries: The more severe and life-altering the injuries, the higher the compensation is likely to be.
2. Medical Bills: Comprehensive documentation of medical expenses often results in higher settlements.
3. Lost Income: Passengers who can demonstrate substantial lost wages or diminished earning capacity may recover more.
4. Insurance Coverage Limits: The availability of funds from the at-fault driver’s policy directly affects the final settlement.
5. Legal Representation: Passengers represented by experienced attorneys typically recover more than those handling claims independently.

To maximize their recovery, passengers should:

• Document all injuries and medical treatments.
• Keep records of lost wages and other financial losses.
• Work with a skilled attorney to handle negotiations and navigate the claims process.

How The Accident Helpers Can Help

Passengers injured in car accidents have the right to seek compensation for their injuries and damages, but the amount they can recover depends on numerous factors, including fault, state laws, and the extent of injuries. Settlements can range from a few thousand dollars for minor injuries to millions for life-altering conditions.

Navigating the aftermath of a car accident as a passenger can be overwhelming, especially when determining fault and negotiating fair compensation. That’s where we - The Accident Helpers step in.

With our nationwide network of top-tier car accident attorneys who specialize in cases just like yours, you can rest assured that you will get your compensation as soon as possible. Whether you need assistance filing claims, negotiating with insurance companies, or understanding your rights as a passenger, we can connect you with experienced legal professionals in your area.

All you have to do is contact us, provide us with the details of your case, and we immediately get to helping you. The best part is, our services are completely free!

Reach out to The Accident Helpers today and take the first step toward protecting your rights and maximizing your compensation.