Can I Sue If I Was a Passenger in a Car Accident? - Brett McCandlis Brown & Conner PLLC.

Content Legally Reviewed By

Matt Conner

If you were hurt as a passenger in a Washington car accident, you usually have the right to seek compensation from whoever’s negligence caused the crash. Unless you did something to cause the accident or injuries, the question of fault is usually between the drivers, not the passenger. Most of the time, a passenger is not at fault for a crash because they are not driving either vehicle.

One of the hardest parts of being injured in an accident can be discovering that the person responsible is someone you care about. You may wonder whether making a claim means you are personally going after your friend or family member. In most cases, an injury claim following a car accident is handled through the responsible driver’s automobile insurance coverage. The purpose of liability insurance is to provide coverage when an insured driver causes injuries to someone else, including their own passengers.

You wouldn’t be the first person to ask our attorneys, “Can I sue if I was a passenger in a car accident?” At Brett McCandlis Brown & Conner PLLC, we can help you understand the procedures and possible outcomes of passenger injury claims in Washington so the process feels less overwhelming. This includes knowing which parties may be held liable, how fault is determined, what types of compensation are available, and the steps involved in pursuing a claim.

Who Pays for a Passenger Injury Claim?

The answer depends on who was responsible for the accident. If the driver of the car you were in caused the crash, you may be able to make a claim against that driver’s auto insurance.

If another driver is found to be responsible for the collision that caused your injuries, you may have a claim against that person’s insurance. Sometimes, both drivers share responsibility for an accident. In that case, you may have claims involving both drivers and their insurance companies.

Washington law requires that fault be allocated among the people or entities responsible for causing an injury and provides a method for determining each at-fault party’s percentage of responsibility. When an injured passenger is not at fault, defendants against whom judgment is entered may be jointly and severally liable for their combined shares of the passenger’s damages. How that rule applies can depend on the parties and circumstances of a particular case, so cases involving multiple responsible drivers should be evaluated carefully.

For example, imagine you are a passenger in a car that enters an intersection as another driver speeds. If the evidence shows both drivers contributed to the crash, fault can be split between them. You do not have to prove that one driver was completely at fault to seek compensation.

What If the At-Fault Driver Was My Friend or Family Member?

This is a common worry for injured passengers. You may have been riding with your spouse, parent, sibling, adult child, close friend, or coworker. If that person made a driving mistake, filing a claim can feel like you are blaming or suing someone you care about.

However, in most insured accidents, the main focus of the claim is the driver’s auto liability insurance. That is one of the reasons people purchase liability insurance. When an insured driver negligently causes injuries to someone else, liability coverage may pay covered damages up to the applicable policy limits, subject to the policy’s terms.

Filing a valid insurance claim does not mean you have to blame, punish, or end your relationship with your friend or family member. You are simply seeking compensation for your injuries and losses from the accident. Usually, the insurance company will handle the investigation, negotiation, defense, and, if coverage applies, payment of the claim.

How Does PIP Work for an Injured Passenger in Washington?

Personal Injury Protection (PIP) coverage is designed to provide certain benefits following an automobile accident without first requiring you to establish that another driver was negligent.

Washington State does not require drivers to purchase optional PIP coverage, but does require insurers to offer it when issuing or renewing automobile liability policies. A named insured can reject the coverage in writing. Minimum PIP coverage offered in Washington includes up to $10,000 in medical and hospital benefits per injured person, although higher limits may be purchased.

If PIP coverage exists, it can pay benefits regardless of who caused the accident. PIP can cover the driver and passengers and may help pay medical and hospital expenses, lost wages, and certain services the injured person can no longer perform.

Which PIP policy applies, what benefits are available, and whether there are any exclusions all depend on the insurance policies and your situation. Our Seattle car accident attorneys can help identify all available PIP coverage rather than assuming there is only one option.

PIP coverage is not the same as a liability claim, and PIP does not always replace your claim against the at-fault driver. A liability claim can cover damages that go beyond what PIP provides, depending on the facts of the accident and insurance available.

What Compensation Is Available When Suing the Driver as a Passenger?

Depending on your situation, your claim as an injured passenger may include compensation for losses like:

Medical expenses and reasonably necessary future medical care,
Lost wages and other income losses,
Loss of future earning capacity when an injury affects the ability to work,
Pain and suffering,
Emotional distress and the disruption the injuries cause to everyday life, and
Other economic and noneconomic losses caused by the accident.

The value of your claim depends on the available evidence. Factors such as the extent of your injuries, the treatment required, projected recovery, the amount of lost wages, the insurance coverage available, and the overall impact on your quality of life are all considered in determining the value of your claim.

For example, if you suffered a broken leg that required surgery and extended rehabilitation, you would likely have higher medical expenses, a longer recovery period, and more lost income compared to someone with minor injuries. In such a scenario, documentation of medical records, wage statements showing time missed from work, and assessments of long-term effects on your daily life would all be used to calculate an appropriate amount of compensation.

Automobile liability insurance exists to cover damages an insured driver becomes legally responsible for causing. Washington generally requires drivers to maintain liability insurance with certain minimums known as 25/50/10 coverage:

$25,000 for bodily injury or death to one person in an accident,
$50,000 for total bodily injury or death to all people in a single accident, and
$10,000 for damage to another person’s property.

The Washington State Department of Licensing allows drivers to meet the financial responsibility mandate through a few other methods.

Is It Possible to Find Both Drivers at Fault?

You do not have to accept just one insurance company’s explanation of what happened. After a two-car accident, it is common for each driver to blame the other. Their insurance companies may do the same. This can leave you, as the injured passenger, stuck between two different stories.

Washington’s fault-allocation rules are designed to address situations involving more than one responsible party. The law directs the factfinder in an action involving multiple at-fault entities to determine the percentage of total fault attributable to those who caused the claimant’s damages.

What Should I Do If I Am a Passenger Injured in a Car Accident in Washington?

Get appropriate medical care as soon as possible and follow your doctor’s advice. Keep records of your treatment, expenses, missed work, and any letters or emails from insurance companies.

Be cautious about giving a recorded statement or signing a release before you understand your rights and the available insurance coverage. A settlement release can affect your ability to seek additional compensation, which is particularly important when more than one driver or insurance policy may be involved. Talk to a personal injury lawyer as soon as you are able.

Do I Need a Lawyer for a Passenger Accident Settlement?

Technically, no. However, passenger claims can involve several insurance policies at once. Your lawyer can do an independent investigation of the accident instead of just relying on what the insurance companies say. Depending on the case, helpful evidence may include police reports, photos or videos, witness statements, vehicle damage, electronic data, medical records, and accident reconstruction. In addition, your attorney can identify available liability and PIP coverage, talk to the insurance companies, keep track of your medical and financial losses, and seek compensation from the right sources.

This help is especially useful in claims where the evidence shows that both drivers were at fault, or when the at-fault driver is someone you know. Your lawyer can handle the insurance dispute so it does not become a personal conflict between you and your friend or family member. If a lawsuit is needed, your attorney can explain what that means, who will defend the claim, what insurance is available, and what financial risk, if any, the driver could face. Most importantly, you do not have to deal with the insurance system while you are trying to recover from your injuries.

Get Help for Your Passenger Accident Claim

If you are still wondering whether you can sue if you were a passenger in a car accident, Brett McCandlis Brown & Conner can help you understand what comes next. We provide straightforward answers about your legal options and handle the insurance process while keeping you informed and in control of your claim.

Contact Brett McCandlis Brown & Conner to discuss your passenger injury claim.

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About the Author

Matt Conner

Matt Conner has a proven track record of success. Following his graduation from Willamette University with a double major in mathematics and economics, Matt worked as an economist for the Office of Economic Analysis for the State of Oregon before moving onto working in mortgage banking and real estate. Although Matt would move on to law school shortly thereafter, his experience in the financial sector has provided him with valuable experience in how to achieve maximum compensation for his clients.

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