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

The most recent report from NHTSA indicates that the overall number of traffic fatalities dropped by almost 4% in 2024, which is a good sign. At the same time, the rate of seriously injured vehicle passengers— nearly 2M —remains concerning, especially when it comes to dealing with the consequences of a serious crash.

Not every passenger knows that they are also eligible for a fair car accident settlement. Minor injuries can range from 1K in compensation to 20K, and more severe cases can reach six and even seven figures in reimbursement, depending on the damages that the victim sustains.

Today, we’ll discuss how to obtain a strong legal stand and recover your traumas, medical expenses, pain and suffering, and other losses in full after getting involved in a car accident as a passenger.

What Are Your Rights as a Passenger in a Car Accident?

If you are a passenger in a car accident, you are eligible for the same treatment as any other victim of the incident. The main difference lies in the responsibility. Very often, passengers are not at-fault in a car accident, which means that they can recover full compensation for the sustained losses.

A passenger can seek rightful reimbursement for the economic and non-economic damages they suffered from multiple parties, including but not limited to vehicle operators.

Simply put, a passenger has the right to:

1. Recover compensation
2. File an accident claim
3. Interact with insurance companies directly
4. Hire legal representatives
5. Refuse lowball offers
6. Pursue multiple liable parties
7. Take the case to trial

It is important to note that sometimes passengers can be held accountable for their damages, at least partially. For example, if the victim wasn’t wearing a seatbelt at the moment of the collision, an insurance provider can use it to decrease or deny requested payouts. Usually, it depends on the comparative negligence rule that the state in which the accident took place abides by. Some states deem it possible to recover a fair car accident settlement even if the victim was 99% responsible for their losses. Others bar accident victims from obtaining any compensation if they are found to be 1% guilty of the incident.

Major Liable Parties to Sue as a Passenger in a Car Accident

A passenger injured in a car accident can receive fair compensation from different sources, especially if we are talking about multi-vehicle accidents. Usually, you can hold the following parties accountable for your losses:

• Your driver: You can hold the driver responsible in a car accident if they have been negligent or distracted and their actions become the direct cause of the collision.
• Another driver: In case another operator breaks existing traffic rules and initiates the incident, you can hold them liable for the physical injuries and other damages that you undergo.
• Both drivers: It is possible that either motorist contributed to the accident that inflicted physical pain and suffering on you. Should that be the case, you can recover a fair settlement for your losses through a portion of each at-fault driver’s insurance policy. The precise settlement amount will depend on the percentage of fault assigned to each party involved in the car crash.
• Government entities: Sometimes, unsafe driving conditions, such as debris on the road, missing signs, or potholes, provoke a car accident. That is why you can file a compensation claim against a local municipality or state agency.

Knowing your options can help you optimize your settlement and pursue additional compensation when a party’s insurance policy limits don’t fully cover your losses.

How to Know If You Are Eligible for Compensation as a Passenger?

To file and successfully resolve a passenger injury claim, the victim must qualify for a list of major criteria. These include but aren’t limited to the following:

1. You didn’t cause the accident: Injured passengers are rarely referred to as primary at-fault parties since they don’t control the vehicle. There are cases when a passenger’s actions are viewed as contributory. Still, as long as you didn’t physically interfere with the operation of the car, you’ll bear minimal responsibility, if any.
2. You were owed a duty of care, and it was breached: It is the driver’s direct legal responsibility to drive safely. Thus, abiding by existing traffic rules and regulations is their primary duty of care toward other road users, including passengers. Once a driver violates any of these laws, they breach their duty and must respond for their actions.
3. You’ve sustained physical and psychological losses: Whether you’ve suffered a few minor scrapes or sustained severe injuries, such as spinal cord damage or permanent disability after a car accident – you are eligible for fair compensation. The same goes for invisible harm, such as emotional distress or depression. However, all the damages and losses must be documented in detail and supported by official records and reports.

Main Types of Damages Injured Passengers Can Recover

Many accident victims underestimate how much compensation they are eligible for and choose not to file the claim. Even though all passenger injury cases are different and unique on many levels, there are three main categories of damages to pursue compensation for:

• Economic damages

  These are tangible or so-called ‘hard costs’ reflected through medical bills, lost income paychecks, and other receipts. Economic losses are the backbone of your injury claim. They are clear, precise, and well-documented.

• Non-economic damages

  Some traumas don’t show on an X-ray, but it does not mean that you can’t recover a rightful settlement for the invisible wounds. Mental anguish, chronic pain, sleepless nights, activities you can no longer enjoy, and other psychological harm from car accidents fall under the category of intangible losses. Although you can’t place a price tag on these damages, sometimes they are reflected through much more substantial reimbursement than physical traumas.

• Punitive damages

  Punitive damages are rare and usually only awarded in cases of gross negligence, such as DUI or reckless driving. The primary aim is to send a message and punish the parties involved, especially when they’ve shown insurmountable recklessness or inflicted intentional damage. In such instances, the court can charge the at-fault party additional compensation to warn others against acting the same way and protect society.

Primary Factors That Determine a Passenger’s Settlement Value

Several key factors have a direct impact on how much money can a passenger in a car accident get. Starting with how badly hurt you are and how the accident has affected your life, and ending with available insurance coverage, along with a list of other criteria, can influence the average settlement amount to count on.

Injury Severity

A case involving severe traumas such as traumatic brain injuries, soft tissue injuries, loss of limb, and other related conditions will result in higher compensation than a few bruises and minor cuts. Besides, some injuries may have a lasting, if not permanent, impact on the victim’s life. That is why it is advised to deny an on-the-spot settlement even if the at-fault driver wants to pay out of pocket immediately.

Medical Expenses

The overall cost of required medical treatment after a car accident is what shapes a personal injury claim. The higher the medical bills for surgeries, hospitalizations, physical therapy, necessary medical equipment, and ongoing medical care, the more substantial will be the settlement available for recovery.

Lost Wages

A car accident isn’t just a source of physical and emotional suffering. It is also the reason why your income gets compromised. The more days you spend off work, the more you lose. Compensation for loss of income, tips, bonuses, commissions, and lost earning capacity must cover the financial gap created by the auto accident.

Physical Pain and Suffering

A car accident often brings a fair share of invisible damage, such as mental anguish, anxiety, loss of joy in life, and other psychological conditions. These losses can be estimated within the range of 1 to 5 times the passenger’s economic damages, depending on how severely these injuries affect the person’s life.

Insurance Coverage

An insurance company can’t pay over the existing policy limit that the at-fault driver holds. That is why, if your damages exceed the provided insurance coverage, you can either accept the offer or seek additional sources of compensation. If there are multiple drivers involved in a car crash, you can file an insurance claim against multiple parties to obtain maximum reimbursement.

What Are the Average Passenger Injury Settlement Amounts?

It is only natural to wonder how much compensation a passenger in an accident can receive. Although the precise settlement amount differs from case to case, we can outline an approximate estimation of the average reimbursement found in similar cases:

• Minor injuries: When you seek compensation for minor cuts, bruises, sprains, and strains that don’t require ongoing medical treatment, you can expect to recover around $1K to $10K in insurance payouts.
• Medium injuries: More serious traumas like broken bones, mild concussions, and injuries that require invasive treatment (surgeries) often go from $10K to $100K in settlement.
• Severe injuries: Life-altering traumas such as traumatic brain injuries, loss of limbs, and temporary or permanent loss of function, along with fatal outcomes, can reach six- and even seven-figure settlements.

Real-World Car Accident Settlements

Real-life car accident settlements may help you gain a deeper insight into what’s at stake and why it is vital to fight for your rights.

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Example 1: $6M Taylor vs. Dudum Case

Back in 2020, a drunk driver – Keith James Dudum — collided with a brick monument after exceeding the existing speed limit in the area three times. The crash caused his passenger, Devin Patrick Taylor, serious trauma, including but not limited to disc bulge, mild traumatic brain injury, and PTSD. Although the at-fault driver denied his fault, the jury sided with the victim and awarded him $6 million in compensation.

Example 2: $20.6M Michael R. Isom vs. Brandon T. MacCarthy Case

Two co-workers got into a car accident because the driver was driving under the influence, exceeded the speed limit, and ignored a stop sign. These actions resulted in severe injuries, such as frontal lobe contusion, subdural hematoma, broken bones, loss of eyesight, collapsed lung, and other conditions the passenger sustained. Since both the at-fault driver and the victim were intoxicated at the moment of the crash, the jury assigned each 75% and 25% of the fault, respectively. The passenger recovered over $15M in past and future tangible and intangible losses.

How Do You File a Claim as a Passenger in a Car Accident?

The process of filing a compensation claim isn’t overly complex, but some details may compromise your case. Our personal injury attorneys have outlined a few practical steps to take after a car accident to ensure that you file the request correctly and obtain the fair compensation you deserve:

1. Seek medical attention: In the first few moments after the incident, it may initially seem that you are unharmed and good to go. However, there are a variety of conditions that have a delayed effect, not to mention that the rush of adrenaline may mask the actual state of things. Finally, medical records are undeniable proof of your injuries, so that no one can dispute the sustained traumas and tag them as ‘pre-existing.’
2. Assess the scene: The scene of the accident is the primary source of critical evidence that can help you build a solid claim. If you are allowed to, you should record anything that may seem vaguely important. Take photos of your injuries, vehicles involved, road conditions, and weather conditions. Document the date, time, and location of the accident. Scan the area for surveillance or security cameras. Talk to witnesses and put down their statements and contact info.
3. File the report: When the police arrive at the scene, provide them with your unbiased version of events. After they document the scene, you can request a copy of the police report. It will also serve as a valuable piece of evidence when you file a compensation request.
4. Consult an experienced attorney: A car accident is often more complicated than it seems, especially if there are multiple parties involved. Contact a local law firm, like Michael Kelly Injury Lawyers, for a free consultation to know where you stand and how to proceed to ensure the best outcome of your claim.
5. Go radio-silent before a legal assistant instructs otherwise: Don’t share any details of the car accident on social media, and don’t give on-the-record statements before consulting a legal representative. You never know which tiny detail may be used by an insurance company to decrease or deny your settlement.

How Can an Experienced Car Accident Attorney Help You Recover Compensation?

An experienced legal field representative can bring a variety of advantages to the table. Many of which will strengthen your claim and maximize the settlement. For example:

• Case investigation: A trained car accident lawyer will cut through the clutter and uncover the truth. They will find missing pieces of the puzzle and put them together to build a strong case. This includes but isn’t limited to talking to eyewitnesses, consulting reconstruction experts, and requesting medical records and police reports.
• Claim assessment: A committed attorney sees the whole picture. They go beyond obvious expenses and will calculate your past and future losses, making sure that nothing is forgotten or omitted.
• Insurance negotiations: No insurance company is willing to part with its assets easily. An experienced legal representative knows which buttons to push and which pitfalls to keep an open eye for. They will recognize a lowball offer no matter how well-dressed and aim for the fairest compensation.
• Trial representation: If your initial claim gets rejected, you can always take the case to court, and a professional attorney will assist you. They will file the claim on time, attach necessary documents, and defend your rights in a court of law.

Finally, working with an expert legal assistant will give you the peace of mind required for a quick and complete recovery!

Start Your Legal Journey with an Experienced Car Accident Lawyer Today!

Have you been injured as a passenger in a motor vehicle accident? Don’t underestimate your legal rights! Contact our team for a free consultation and uncover your options. Together, we’ll come up with a winning strategy and fight for the rightful compensation. We work on a contingency-fee basis, so you don’t have to worry about costly case evaluations and upfront fees. Call us today and claim what’s legally yours!

FAQ

Am I Eligible for Compensation as a Passenger in a Car Accident?

If you’ve been hurt in a car accident, the odds are that you are entitled to fair compensation. To know for sure, you may want to schedule a free case evaluation with a dedicated legal expert.

Can a Passenger in a Car Accident Be Held Responsible for It?

Passengers are rarely at fault unless they directly interfere with the driver or willingly enter a vehicle operated by an obviously impaired driver.

Is There a Deadline for a Passenger Injury Claim?

Every state has a predefined timeframe for personal injury cases. The deadline varies between one to four years, depending on the state’s local regulations. You may want to consult a legal attorney to find out the precise deadline in your area.

How Long Does It Take to Resolve a Passenger Claim?

The complexity of the case, the number of parties involved, and the scale of the losses sustained by the victim will affect the final timeline. You may also claim compensation from your own MedPay or PIP policy or file an uninsured/underinsured motorist claim if the at-fault driver lacks sufficient coverage.