When you’re a passenger in a car accident you normally had no control whatsoever over what happened. You weren’t driving, you weren’t braking, you weren’t checking your mirrors. That’s why passengers are one of the very few groups of people in a crash who are almost never at fault.
But being blameless doesn’t mean the claim is simple. Depending on the nature of the crash, the passenger may be able to claim against the driver they were with, the other driver, their own insurance or a rideshare company’s policy. It can get quite complicated when the driver is a friend, a spouse or a parent.
Here’s how passenger injury claims work, whose insurance pays and what you need to do to protect your recovery.
Whose Insurance Pays When a Passenger Is Hurt?
In an at-fault state like Oklahoma, the insurance of the person who caused the crash is liable for the injuries. For a passenger, that usually means one or more of these policies:
- The driver of the vehicle you were in. If your driver was at fault in the crash (say by running a red light, texting or tailgating), you can make a claim against their bodily injury liability coverage.
- The other driver. If the other vehicle was at fault in the collision, then your claim is against that driver’s insurer.
- Both drivers. If it’s a shared-blame scenario, you can potentially claim against both policies. That’s one of the biggest advantages that passengers have, as more than one policy can mean more coverage for serious injury.
- Your own auto policy. If you’ve got car insurance, then your uninsured/underinsured motorist (UM/UIM) coverage or your medical payments (MedPay) coverage may well help you even if you weren’t the one driving. Check your policy, as a large number of people don’t realize their coverage will follow them as a passenger.
Your health insurance can also cover the treatment while the claim is pending. You just need to be aware that your health insurer may ask to be reimbursed from any settlement.
Common Complications for Injured Passengers
When the driver is a friend or family member
This is the very situation that puts a lot of people off making a claim. No one wants to “sue” their best friend or their mom! In most cases, a claim against the driver is in reality a claim against their insurance company rather than their bank account. Liability coverage is there for that very reason. The insurers will deal with the vast majority of claims without the need for a lawsuit, and the driver’s own pocket is generally not at risk unless your damages are in excess of their policy limit.
If you’re injured in a car driven by a spouse or relative who lives with you, check the policy wording. Some policies will have a limitation on coverage for household members, so it’s worth having someone look at the policy.
When the at-fault driver is uninsured or underinsured
Minimum policies run out very quickly when you’ve got serious injuries. If the at-fault driver has no insurance or has only the minimum, UM/UIM can step in to cover the gap. That coverage could be on the policy of the car you were in, your own policy or a policy held by a relative you’re living with.
When it’s a hit-and-run
If the driver that caused the crash drives off and is never identified, then UM is often the only coverage available for recovery. Call the police immediately, as insurers will normally require a police report prior to paying out on a hit-and-run claim.
When you’re in an Uber or Lyft
Rideshare passengers typically have more coverage than those traveling with a friend. While the trip is ongoing, Uber and Lyft will generally have $1 million of liability coverage for any crash their driver may be at fault for. If another driver is at fault, that driver’s insurance will come first, and the rideshare insurer’s uninsured/underinsured coverage may then step in on top of that. The specifics will vary from state to state, so be sure to keep a screenshot of your trip receipt as proof that you were actually on an active ride.
When the insurer says you’re partly to blame
Passengers are very rarely at fault for the crash itself. Insurers do on occasion argue that the passenger has made their injuries worse (e.g. by not wearing a seat belt, or by riding with an impaired driver). That can have the effect of reducing the claim, and that’s another reason why you should get advice prior to accepting any offer.
What Oklahoma Passengers Should Know
- Oklahoma is an at-fault state. There is no PIP. Injured passengers will be claiming against the at-fault driver’s liability coverage.
- Minimum coverage is minimal. Oklahoma only requires 25/50/25 liability, which is $25,000 per person and $50,000 per accident for bodily injury. If you’ve got multiple passengers injured, then that $50,000 is going to be split among them.
- UM coverage is the norm. Oklahoma insurers are required to provide uninsured motorist coverage, and it will apply unless you expressly opt out in writing. It’s worth checking every policy that might apply.
- Shared fault doesn’t bar a claim. Under Oklahoma’s modified comparative negligence rule, you can still recover if you’re 50% or less at fault (your recovery will be reduced by your percentage of fault).
- There’s a two-year deadline. The vast majority of Oklahoma injury claims must be filed within two years of the incident. Claims against government entities (e.g. a city bus) will often have much shorter notice periods.
What Injured Passengers Can Recover
A passenger injury claim can include:
- Medical bills, both current and future
- Lost wages and lost earning ability
- Pain and suffering
- Emotional distress, including anxiety about riding in cars after a crash
- Out-of-pocket costs like prescriptions, travel to appointments, and in-home help
Steps to Protect Your Claim
- Get medical attention immediately. People often take the force of a crash without really bracing for it. Whiplash, concussion and back injuries can take a day or two to present themselves.
- Make sure a police report is filed. If you can, ask for the report number before you leave the scene.
- Get the details from every driver. Get the names, phone numbers, insurance and license plates from both cars, not just the one you were in.
- Take photos. Take photos of the vehicles, of the scene, of your injuries and of where you were sitting.
- Be very careful what you say. Don’t apologize, don’t speculate as to what happened and don’t tell anyone you’re “okay” until you’ve actually been checked out.
- Don’t give any recorded statements straight away. Several adjusters may call you. You don’t have to give any of them a recorded statement until you’ve had a chance to understand your rights.
- Keep records. Save your medical bills, your pay stubs (which will show the days you’ve been off work), and notes as to how your injuries are affecting your day-to-day life.
Get Help Sorting Out Who Pays
Passenger claims can involve two drivers, a number of insurers and an awkward relationship with the driver who was actually at the wheel. An attorney will be able to identify all the policies that apply, deal with the adjusters and ensure you don’t end up with a settlement that’s less than your injuries are worth.
If you were a passenger in a crash in the Tulsa area and you’ve been injured, a Tulsa car accident attorney can look at your case and let you know what your options are.
You didn’t cause the crash, so you shouldn’t be left to pay for it.