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Practice Areas: Personal Injury
Being a passenger in a car accident can be a difficult experience. Unlike drivers, passengers have little control over what happens on the road. If the driver of the car you were in caused the accident, you may be wondering about your rights and how to get compensation for your injuries.
The good news is that the law generally protects passengers. Whether your driver was at fault or another vehicle caused the crash, you may have legal options to recover damages. This guide explains how passengers can claim compensation when they can sue and what steps to take after an accident.
When an accident happens, determining who is at fault is crucial. Passengers are rarely blamed for a crash, making them eligible to file claims against the at-fault driver.
If the driver of the vehicle you were in caused the accident, their bodily injury liability (BIL) insurance should cover your injuries. You can, however, claim with the other driver’s insurance if they were at fault.
Some states follow a no-fault system, meaning that Personal Injury Protection (PIP) coverage applies, and passengers must file claims under the driver’s insurance, regardless of fault. In tort states like Nevada, passengers can directly sue the at-fault driver’s insurance for compensation.
“An injured party can only get compensation under Nevada’s modified comparative negligence rule if they bear less than 50% of the responsibility for the accident.”
If both drivers share responsibility for the crash, passengers may have to file claims with multiple insurance providers, depending on the percentage of fault assigned to each driver.
When filing a claim, it’s essential to understand what insurance coverage applies to your situation. Depending on where the accident occurred and the policy details, different coverages may be available.
| Type of Insurance Coverage | What It Covers | Applies to Passengers? |
| Bodily Injury Liability (BIL) | Medical expenses, lost wages | Yes, if driver is at fault |
| Personal Injury Protection (PIP) | Medical bills, partial wage replacement | Yes, in no-fault states |
| Medical Payments (MedPay) | Medical expenses regardless of fault | Yes, if included in the policy |
| Uninsured/Underinsured Motorist (UM/UIM) | Injuries caused by uninsured or underinsured drivers | Sometimes, depends on policy |
| Rideshare Insurance | Covers passengers in Uber/Lyft accidents | Yes, when active ride is in progress |
Nevada’s minimum liability coverage limits are:
“Nevada law requires drivers to carry a minimum of $25,000 per person and $50,000 per accident for bodily injury liability coverage.”
If injuries exceed these limits, additional legal action may be necessary to recover compensation.
If you were injured in a car accident as a passenger, taking the proper steps can strengthen your claim and help you get fair compensation.
First, seek medical attention immediately, even if you don’t feel hurt right away. Some injuries take time to appear, and medical records will be essential for your claim.
Next, gather evidence at the accident scene. Take photos, note details of the crash, and get contact information for all drivers and witnesses.
You should also file an insurance claim with the at-fault driver’s insurance as soon as possible. If the claim is denied or the offered compensation is too low, consulting a personal injury attorney can help you explore legal options.
“In Nevada, the statute of limitations for filing a personal injury claim after a car accident is two years from the date of the crash.”
Delays in filing could prevent you from receiving compensation.
While insurance usually covers passenger injuries, some situations require legal action. If the at-fault driver’s insurance doesn’t fully cover your damages, you may need to file a personal injury lawsuit to recover additional compensation.
Additionally, if you are in a rideshare vehicle, Uber and Lyft provide up to $1 million in liability coverage during active rides. However, these claims can be complex and require legal expertise to navigate.
Another key issue is the assumption of risk. If you knowingly rode with a reckless or intoxicated driver, insurance companies may deny your claim, arguing that you assumed the risk of injury. However, if you were unaware of the driver’s impairment, you may still have a valid claim.
Different types of accidents affect passenger injury claims in unique ways.
If you were in a rideshare accident, insurance policies from Uber or Lyft may cover your medical expenses, but claim approval depends on whether the ride was in progress at the time of the crash.
If the driver of your car was uninsured or underinsured, you may have to file a claim under your own UM/UIM policy or pursue a personal injury lawsuit.
In cases involving drowsy or distracted driving, proving negligence may require additional evidence, such as phone records or witness testimony.
Yes, if the driver was at fault, passengers can file an injury claim against the driver’s bodily injury liability insurance. If damages exceed policy limits, a lawsuit may be an option.
You can file a claim against the at-fault driver’s insurance policy for medical expenses, lost wages, and pain and suffering.
Yes, Uber and Lyft provide liability coverage up to $1 million when a passenger is inside the vehicle. However, policies may vary based on the phase of the ride.
If a passenger knowingly rides with an impaired or reckless driver, insurance companies may deny the claim based on the assumption of risk doctrine.
Passengers may claim compensation through the uninsured/underinsured motorist (UM/UIM) coverage of the driver they were riding with or their auto insurance.
Most states, including Nevada, allow two years from the date of the accident to file a personal injury lawsuit. Insurance claims should be filed as soon as possible.
Passengers injured in a car accident have substantial legal rights to claim compensation. Whether the at-fault driver was your own or another vehicle, various insurance policies may cover your medical expenses and losses.
Understanding how fault, insurance policies, and legal options apply can help you get the compensation you deserve. Acting quickly by filing a claim, documenting injuries, and seeking legal advice ensures that your rights are protected.
If you were a passenger in a car accident and need legal assistance, Gina Corena & Associates is here to help. Our experienced team specializes in personal injury cases. It can guide you through the claims process. Contact us today for a free consultation, and let us fight for the compensation you deserve.
As founder of Gina Corena & Associates, she is dedicated to fighting for the rights of the people who suffer life-changing personal injuries in car, truck and motorcycle accidents as well as other types of personal injury. Gina feels fortunate to serve the Nevada community and hold wrongdoers accountable for their harm to her clients.
