Can a Passenger Sue in a Car Accident? What You Need To Know

If you were sitting in the front or back seat during a car accident, you have a legal right to seek payment for your medical bills and lost wages. South Carolina law allows injured passengers to file insurance claims or lawsuits against the parties responsible for the collision.

At David R. Price, JR., P.A., we help Greenville residents understand their rights after a wreck. Regardless of whether the driver of your car was at fault or the driver of another car caused the collision, you should not have to pay for your recovery out of your own pocket.

Can a Passenger Sue a Driver After a Car Accident?

Under South Carolina Code Section 15-73-10, people are held responsible for the harm they cause other people. If a driver failed to act with “reasonable care,” they are legally liable for damages they cause to other people. If you were a passenger involved in a car wreck, this means you can file a claim against your driver’s liability insurance coverage to pay for your damages.

Many passengers feel bad about suing a friend or family member. But they should keep in mind that they are making a claim against their auto insurance policy, not their personal savings. If your friend caused the accident, their insurance should cover your medical costs, up to the amount of the policy.

Legal Options Available to Injured Passengers

Injured passengers may have several paths to recover money. They are not always limited to just one person’s insurance. Depending on the facts of the crash, if you are an injured passenger, then you might look at these sources to recover compensation:

The Other Driver’s Insurance: If a different car hits the car you were in, you may file a claim against that driver’s liability policy if that driver bears some or all of the responsibility for the crash.
Your Driver’s Insurance: If your driver was at fault for the wreck, you can file a claim against their liability coverage. Regardless of who was at fault for the wreck, you may also have a right to file a claim against their Personal Injury Protection (PIP), Medical Payments, Uninsured Motorist (UM) or Underinsured Motorist (UIM) coverage.
Your Own Auto Insurance: If you have a car at home and carry PIP, Medical Payments, UM, or UIM coverage, your own car insurance policy might also be available to help pay your bills even though your car was not in the wreck.

If I Was a Passenger in a Car Accident, Can I Sue Both Drivers?

In many accidents, fault is shared between multiple drivers. For instance, maybe your driver was speeding, but the other driver turned left without a signal. When this happens, can a passenger sue both drivers? Yes, you can.

South Carolina follows a rule called “modified comparative negligence.” Since a passenger is almost never at fault, you can often collect from both drivers. If Driver A is 60% at fault and Driver B is 40% at fault, you can seek a portion of your total damages from each of their insurance companies.

If both drivers share fault for the collision, then suing both drivers is often the best way to make sure your medical bills are paid in full. If your injuries are severe, one driver’s insurance limits might not be high enough. By bringing a claim against both drivers, you can increase the amount of insurance money available to help you.

Who Is Liable for a Passenger’s Injuries?

Liability is a legal word for “responsibility.” To recover for your injuries, you must show which party was negligent. Common examples of driver negligence include:

Distracted Driving: Looking at a phone or GPS.
Speeding: Going faster than the posted limit or too fast for the rain and weather conditions.
Failure to Yield: Not giving the right of way at an intersection.
Drunk Driving: Operating a vehicle under the influence of alcohol or drugs.

Sometimes, a third party is liable. If a tire blew out because it was made poorly, the tire manufacturer might be responsible. If a stop sign was hidden by overgrown bushes that the city didn’t trim, a government entity might share the blame. A lawyer can review the police report and evidence to identify everyone who should be held liable for your injuries.

What Compensation Can an Injured Passenger Recover?

In South Carolina, you can recover money for:

Medical Expenses: This category of damages includes the ambulance ride, hospital stays, surgery, and future doctor visits.
Lost Wages: If you had to stay home from work to heal, you can recover the money you would have earned by working.
Loss of Earning Capacity: If your injury is so bad that you can no longer do your job, you can recover the money you will lose in the future.
Pain and Suffering: You can also recover compensation for the physical pain and the stress the accident caused.
Property Damage: If personal property such as your laptop or phone was broken in the crash, you can also recover compensation for those items.

How Insurance Works for Passenger Injury Claims

In South Carolina, drivers must carry at least $25,000 in bodily injury liability per person. If your medical bills are $50,000, a minimum limits liability policy won’t be enough to recover your damages. This is why looking for other insurance sources is so important.

Fortunately, many automobile insurance policies include Underinsured Motorist (UIM) coverage. UIM insurance coverage applies when an at-fault’s liability insurance coverage is not sufficient to fully cover someone’s damages. If you are injured by an underinsured driver, you may be entitled to recover from a UIM policy covering the car in which you were a passenger, as well as from a UIM policy on at least one vehicle at home.

You should also know about “MedPay” or PIP. These are different types of insurance policies that can be used right away for doctor bills, regardless of who caused the wreck. If the person you were riding with has this on their policy, it can help pay your initial bills while you wait for the larger lawsuit to settle. If you have MedPay or PIP on your personal vehicles, then you may be able to recover from the policies covering at least one car at home..

How a Car Accident Lawyer Can Help

After a car accident, the physical pain from injuries is often followed by a wave of paperwork, phone calls, and legal questions. Here are the primary ways a car accident lawyer will help you after a crash:

Evidence Collection

Attorneys gather police reports, medical records, and traffic camera footage. They often work with accident reconstruction experts to prove exactly how the crash occurred.

Communicating with Insurance Companies

Claims adjusters frequently offer low settlements shortly after a collision, and pressure injured people to accept these low value settlements in order to save their company money. A lawyer handles all communication with insurance companies, and preserves your ability to push for a payout that covers the true cost of your injuries.

Calculating Total Damages

Beyond an injured person’s current hospital bills, a lawyer factors in future medical needs, lost earning capacity, and non-economic costs like pain and suffering.

Negotiating a Fair Settlement

Most car accident cases settle out of court. A lawyer knows the tactics insurance companies use to lowball victims and will negotiate back and forth to reach a settlement that is fair as possible and actually covers your needs.

Representing You in Court

If the insurance company refuses to offer a fair amount, your lawyer is prepared to file a lawsuit and present your case to a judge or jury.

Contact Our Greenville Car Accident Lawyers

If you were a passenger in a wreck, you have rights. You do not have to deal with the insurance companies alone. The legal team at David R. Price, JR., P.A. is ready to help you hold the negligent drivers accountable and help you obtain the full amount that you are entitled to recover.