As car accident attorneys, one of the most common questions we hear is: “I wasn’t the driver—do I still have a case?” The answer is yes. Understanding your passenger rights after a car accident is essential to protecting your health and securing compensation. Because you had no control over the vehicle, Ohio law generally does not assign fault to passengers. But to recover damages for your injuries, it’s critical to take the right steps, starting immediately after the crash.
Statistics indicate the frequent occurrence of passenger accidents. The Ohio State Highway Patrol reports that passenger injuries are involved in 22% of car accidents. In Michigan, the Blues state that passengers account for 12.3% of road fatalities. Regardless of the accident’s severity, passengers can sustain lasting injuries.
Know the Laws in Your State
Several insurance options are available to ensure appropriate compensation in case the recovery possibilities under the drivers’ policies are too low. One such option is Uninsured Motorist (UM) coverage, which protects you if you’re in an accident with an at-fault driver who does not carry liability insurance. Typically, you obtain it under your auto insurance. As you work with an adjuster from your carrier, they will expect you to sign information releases from your medical providers and employer. Additionally, they may require you to undergo an independent medical exam by a doctor you are unfamiliar with.
Underinsured Motorist Coverage
Underinsured motorist coverage (UIM) comes into play when you’re in an accident with an at-fault driver whose liability limits are too low to cover the damage or medical expenses. In this case, the at-fault driver’s insurance will typically cover damages up to the policy limits, and your UIM coverage will take care of the excess amount up to the limits you selected when purchasing your coverage.
Passenger Insurance Claims
As a passenger involved in a car accident, your insurance typically remains uninvolved. Instead, you will be required to file a claim with the insurance policy of one of the drivers. In “at fault” states such as Ohio, the insurance carriers of each driver will negotiate the percentage of fault covered, and the process will involve the payment of damages for injuries to the claimant. In “no-fault” states like Michigan, the injured party will file the claim under the driver’s personal injury protection (PIP) insurance coverage.
Passenger Compensation by State
In Ohio, passengers can claim compensation from the at-fault driver’s insurance policy. However, they must file a lawsuit within two years of the date of the accident. In Michigan, passengers can obtain compensation through personal injury protection that covers medical expenses up to a certain limit. Alternatively, they may file a suit using tort law.
Related Party Limitations
Please note that if you sustained injuries while riding in the family car and you have a close relationship with the driver or a member of their household, it would not be possible for you to file a claim for further damages exceeding the regular limits of the policy. Nevertheless, if you are a passenger in a vehicle driven by someone unrelated or in a commercial vehicle, you may have the right to claim additional damages beyond the limits of the insurance policy.
Injured as a Passenger? Here’s What to Do Next
You can claim amounts up to and including stated policy limits if those are sufficient to cover your actual losses. Policy limits usually include medical expenses, but you may also include things like lost wages, pain and suffering, and other expenses. However, you must be prepared to document anything you claim.
Before filing a claim or accepting any settlement, it is essential to document everything that happened. Information such as the names of everyone involved, the location of the accident, and the events leading up to it will be required when filing insurance claims.
Seek Medical Attention Immediately
Even if you feel okay at first, don’t skip a medical evaluation. We’ve seen time and again that symptoms from soft tissue damage, head trauma, or internal injuries can take hours—or even days—to show up. Getting checked by a doctor right away creates a medical record that links your injuries directly to the crash. That documentation will be vital for any insurance claim or legal action you may pursue.
Document What You Can
As a passenger, you may not have seen how the crash occurred, but you can still help build your case. Try to:
Get names and contact info for everyone involved
Take photos of the scene, vehicle damage, and your injuries (if possible)
Write down your recollection of what happened before and after the crash
Request a copy of the police report once it’s filed
If you were unable to gather this information due to your injuries, don’t worry—our team can help track it down as part of your case.
Understand Who May Be Liable
Passengers can typically file a claim against any at-fault driver, whether it’s the driver of another vehicle or the person behind the wheel of the car you were riding in. This is one of the biggest misconceptions we clear up with clients: Filing a claim doesn’t always mean suing a friend or family member—it often means working with their insurance carrier to get your medical bills, lost wages, and pain and suffering covered.
Keep Records of Everything
Start a file for anything related to the accident:
Medical bills and prescriptions
Appointment summaries
Missed work and lost wages
Receipts for travel to medical appointments or equipment you needed for recovery
This file will become a key part of your injury claim, and the more detailed it is, the stronger your case becomes.
Hire an Experienced Personal Injury Attorney
Hiring an experienced personal injury attorney is crucial for defending your rights as a passenger injured in a car accident. A personal injury attorney can assist with navigating the legal system, handling insurance claims, and ensuring you receive proper compensation for your injuries. Additionally, an attorney can offer guidance on seeking medical treatment and provide a legal assessment of available options.
Get Help from a Professional
Experiencing a car accident can cause trauma and uncertainty about the next steps. As a passenger, you possess legal rights and options. An experienced car accident lawyer can support you throughout the entire process and advocate for the compensation you deserve for your injuries, pain, and suffering. Do not hesitate to reach out to one of our skilled personal injury attorneys promptly. They will protect and assist you throughout the legal proceedings. Our firm provides compassionate, personalized, and professional legal advice while you focus on your recovery. Contact us today at 419-843-6663 to schedule a free, no-obligation consultation to explore your legal options.
Jonathan Ashton, Partner and Personal Injury Attorney, began his law career at GT&B in 2007 as a law clerk. He was hired as an associate immediately after passing the Ohio Bar in 2008. Jonathan practices in Personal Injury, representing clients who have been injured and need justice and compensation for them to move forward in their lives.
