Can you sue if you were a passenger in a car accident?

Passengers hardly ever share fault in car accidents. They're not the one behind the wheel or controlling the speed, so it makes no sense that they should suffer injuries and lose money on medical bills over an accident they had no hand in. That's why they're the most protected parties in car accident claims.

Yes, you can absolutely sue and recover compensation if you were a passenger in a car accident. 

Here's all you need to know about how it works and the steps to take.

Personal Injury law allows you to seek compensation for losses incurred from an injury caused by someone else's negligence. When a car accident happens due to your driver's error or another road user's recklessness, and you suffer injuries, the legal criterion for filing a personal injury claim has been met. So yes, you can file a claim against the at-fault driver - which could be yours or the other car's.

The only exception is when you have contributed to the accident. For example, distracting the driver physically, grabbing the steering wheel, or encouraging reckless behavior. If the court finds that you have contributed to the accident, then your claim may be reduced or dismissed.

Outside of that, you have the right to file a claim.

As an injured passenger, you can sue your own driver, the driver of the other car, both drivers, or any other party that may have contributed to the accident. It all depends on who liability lies with.

You can file a personal injury claim against your driver if you believe they contributed to the accident. Perhaps they were going too fast or were texting and driving. 

Filing is easy when the driver is a stranger - for example, a taxi. But if it's your loved one, it's normal to hesitate. 

But understand that when you file a claim, you're not actually going up against the driver themselves. You're filing against their insurance company. It's not the driver's personal account that will be used to compensate you. Their insurance coverage exists precisely for these situations - to cover financial losses when something bad happens. 

In no-fault states where Personal Injury Protection coverage applies, it doesn't matter who was at fault. The driver's insurance will cover your medical expenses.

If the other driver caused the accident, you may file a personal injury claim against them. Again, you are not suing the driver directly but filing against their car insurance. 

As a passenger, you'll file this claim as a third-party claimant.

You may be eligible to recoup compensation from both drivers’ insurance policies if they both contributed to the accident. When fault is shared by two or more parties, each party pays a commensurate amount. For example, the driver who played a 70% role in the accident will pay 70% of the total sum, while the other driver pays the rest. Ultimately, you get the full sum you are due.

In certain cases, liability may go beyond the drivers. For example, poor road conditions or a vehicle defect. In which case you may have grounds for suing the government entity in charge of the road or the car manufacturer.

In personal injury, 4 things must be established for your claim to stand:

1. Duty of care - the driver owed it to you to drive safely
2. Breach of duty - they breached that duty of care by driving in a manner unexpected under normal circumstances
3. Causation - by breaching that duty, they caused an accident
4. Injury - you incurred injuries directly from the accident

Words alone may not serve as sufficient evidence. Which is why you have to document everything immediately after the crash.

• Take photos of your injuries, the vehicles and their relative positions on the road, traffic conditions, and other landmarks in the area.
• Collect the details of both drivers: Name, license number, and insurance information.
• Quickly write down your recollection of the incident while the memory is still fresh. It’s possible to forget crucial details later.
• Write down the names of witnesses.
• Call the police if the drivers haven't already done so. Their report can serve as an unbiased piece of evidence to establish liability later.
• Seek medical evaluation even though you feel fine. Concussions and traumatic brain injuries often manifest days after an accident. Seeing the doctor immediately after a crash is vital, as medical records are the most important piece of evidence in car accident claims.
• Do not grant any recorded statement from the insurance company until you've understood your rights.
• Talk to a lawyer.

Orlando sees a steady stream of visitors from Israel every year, many of whom rent a car or ride along with family and friends to get between the parks, resorts, and hotels. If you were a passenger in one of these vehicles and were hurt in a crash, the same protections outlined above apply to you. You don’t need to be a Florida resident or a U.S. citizen to file a claim, and your immigration or visitor status has no bearing on your right to recover compensation.

The added stress of dealing with an accident far from home, unfamiliar insurance rules, and a language barrier can make an already difficult situation harder. Look for a firm with experience representing international visitors, including members of the Israeli community, so nothing gets lost in translation while your claim moves forward.

As a passenger, you may be contacted by multiple insurers representing the drivers. Each of them has a common goal: To limit the amount they pay you. And they'll want to capitalize on the things you say, as your own words can be used against you. 

To protect your rights, it's important to consult a car accident lawyer in Orlando before speaking with any insurance company. They can represent you during negotiations so you don't make a statement that ultimately hurts your claim.

Beyond that, they can help you understand the right steps to take based on the unique circumstances of the accident and who's at fault.

This article was written in cooperation with Dellecker Wilson King McKenna Ruffier & Sos LLP