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

But what determines where your case falls on that spectrum?

Let’s explore the factors that influence passenger settlement amounts, what damages you can claim, how to file, and common accident scenarios.

You’ll find all this information useful when claiming using the Mighty.com AI personal injury claims helper!

Factors That Affect How Much Money a Passenger Can Get After an Accident

Several elements shape the size of a passenger’s settlement. They often intersect, so understanding each helps create a clearer picture of what you may be entitled to.

Severity of Injury

The most significant driver of any settlement is the extent and impact of your injury.

Minor soft tissue injuries or temporary soreness won’t generate the same payout as a traumatic brain injury or spinal cord damage.

If you suffered fractures, underwent surgery, or will need long term care, your settlement will likely be higher.

Injuries are often categorized as:

• Minor: bruises, sprains, whiplash (typical payout: $5,000–$20,000)
• Moderate: broken bones, herniated discs, concussions ($20,000–$100,000)
• Severe: brain injuries, paralysis, internal organ damage ($100,000+)

The greater the injury, the more compensation you’ll typically receive for both economic and non-economic damages.

Medical Treatment and Expenses

The cost of medical care also plays a major role. Settlement offer calculations usually start by totaling all past and anticipated medical expenses, including:

• Emergency room visits
• Hospital stays
• Surgeries
• Physical therapy
• Prescription medications
• Future care or rehabilitation

Well-documented treatment can significantly strengthen your case.

If you're still undergoing care or need additional procedures, that projected cost must be calculated and negotiated into the settlement.

Insurance Coverage

Even if your damages are extensive, the actual payout may depend on available insurance coverage.

As a passenger, you may have claims against:

• The driver of the car you were in
• Drivers of other vehicles involved
• Your own auto insurance, if applicable

Each policy has limits. If multiple passengers are injured and share one policy limit (e.g., $100,000 per accident), the total payout may need to be split.

In underinsured situations, your personal underinsured motorist (UIM) coverage may help fill the gap.

Compensation

The way compensation is calculated also matters. Insurers and courts evaluate both economic damages (e.g., medical bills and lost wages) and non-economic damages (e.g., pain and suffering).

Often, non-economic damages are estimated using a multiplier. Commonly 1.5 to 5 times your medical expenses, depending on injury severity and impact.

Liability

Determining who is at fault is essential. As a passenger, you are rarely held liable, but the responsible party must be clearly identified.

Fault might lie with:

• The driver of the car you were in
• Another motorist
• A commercial driver (e.g., rideshare or delivery)
• A municipality or third party (e.g., poor road design)

If multiple parties share liability, you may have claims against more than one insurer, which can increase your total compensation.

Types of Damages a Passenger Can Recover

As a passenger injured in a car accident, you’re entitled to recover compensation for a wide range of damages.

These fall into two main categories: economic damages, which cover direct financial losses, and non-economic damages, which reflect the emotional and physical toll of your injuries.

Medical Expenses

Your settlement should fully cover all past, present, and future medical costs related to the accident.

This includes:

• Emergency care and ambulance transportation
• Hospital stays
• Surgeries and follow-up appointments
• Diagnostic imaging (X-rays, MRIs, CT scans)
• Physical therapy or rehabilitation
• Prescription medications
• Medical equipment (crutches, braces, wheelchairs)
• Mental health treatment, if necessary

If your recovery is ongoing, future medical costs must be projected and included.

In more serious cases, lifetime care or in-home assistance may be part of your claim.

Loss of Income

If your injuries kept you from working or impacted your long-term earning ability, you can claim lost wages and loss of earning capacity.

This includes time missed for medical appointments, recovery periods, or if you had to change jobs due to physical limitations.

Documentation such as pay stubs, tax returns, or employer verification letters can help validate your income losses.

Pain and Suffering

Unlike medical bills, pain and suffering damages compensate for the physical pain, discomfort, and emotional distress caused by the accident.

These are subjective but often significant. That’s especially true if your injuries led to chronic pain, sleep issues, anxiety, depression, or trauma-related symptoms.

Loss of Enjoyment of Life

If your injury has prevented you from participating in hobbies, sports, travel, or other activities you once enjoyed, you may be entitled to compensation for diminished quality of life.

Courts and insurers consider the degree to which your daily routines and emotional well-being have been disrupted.

Disability or Disfigurement

Permanent injuries such as scarring, limb loss, or paralysis, warrant higher compensation.

In these cases, you may also claim damages for the psychological impact of disfigurement or long-term functional limitations that affect your independence, relationships, and self-image.

These combined damages aim to restore, as much as possible, the physical, emotional, and financial stability that was lost due to the accident.

Filing a Claim as a Passenger

Filing a personal injury claim as a passenger may seem straightforward at first glance, but it often involves more complexity than people expect.

Because passengers are typically not at fault, they usually have a strong legal position.

However, determining who is liable, how many insurance policies are involved, and how to coordinate those claims requires careful strategy.

Step 1: Identify All Liable Parties

The first step in filing your claim is identifying all potentially responsible parties.

This could include:

• The driver of the vehicle you were in
• The driver of another vehicle involved in the accident
• A commercial entity (e.g., a rideshare company or delivery service)
• A vehicle manufacturer (if a defect played a role)
• A local government or contractor (if poor road design or maintenance contributed)

Depending on the accident scenario, one or more of these parties may share liability, giving you the option to file multiple claims.

Step 2: File Insurance Claims With All Applicable Carriers

As a passenger, you may be able to file claims against multiple insurance policies:

• The liability policy of the driver who caused the accident
• The driver of your vehicle (if different)
• Any applicable commercial policies (in the case of Uber, Lyft, taxis, or buses)
• Your own uninsured/underinsured motorist coverage (UM/UIM) if available

When more than one injured party seeks compensation from a single policy, settlements are often negotiated based on the severity of each person’s injuries and the total policy limit.

Step 3: Understand How Fault Affects Your Claim

In most cases, passengers are not assigned fault.

However, if you knowingly got into a car with a driver under the influence or engaged in behavior that contributed to the crash, the insurance company may try to reduce your claim under comparative negligence laws.

The specifics depend on state law.

Step 4: Keep Track of Deadlines

Each state has a statute of limitations, which sets a strict deadline for filing personal injury claims of between 1 and 3 years.

Failing to file within this window may result in losing your right to compensation entirely, regardless of how strong your case is.

Step 5: Use Mighty.com or Get Legal Representation

If multiple insurers are involved, liability is disputed, or your injuries are serious, working with Mighty.com or a personal injury attorney can improve your chances of a full recovery.

If you’re okay handling things yourself, Mighty.com can help with the paperwork and preparation.

If you’re not okay handling things yourself, an attorney will handle communications, gather evidence, estimate future losses, and negotiate with insurers so you don’t settle for less than your claim is worth.

Common Passenger Accident Scenarios

Passengers can be injured in nearly any type of car accident, but certain scenarios occur more frequently and tend to raise specific legal and insurance questions.

Understanding how these situations play out can help clarify what to expect during the claims process.

Multiple Vehicle Accidents

In multi-car pile ups or chain-reaction crashes, liability can be hard to determine.

For example, imagine you're riding in the back seat when your vehicle is rear-ended at a red light and pushed into the car in front of you. Who’s responsible? The driver who hit your vehicle may be fully liable, or fault might be shared among multiple parties.

You could potentially file a claim against more than one driver’s insurance policy.

In these cases, insurance adjusters may debate who caused what portion of the damage.

As a passenger, you’re not at fault, but your compensation may still depend on sorting out the drivers' shared liability.

Rideshare Accidents

If you're a passenger in an Uber or Lyft and the car gets into an accident, your claim depends on the driver's status at the time:

• If the driver had the app on and was en route or carrying a passenger, the rideshare company’s $1 million liability policy¹ usually applies.
• If the driver was offline, only their personal auto insurance would cover the accident.

For example, if you're injured while taking an Uber to the airport, and another vehicle runs a red light and causes a crash, both Uber’s insurance and the at-fault driver’s insurance may come into play.

Rideshare claims often involve layered policies and corporate legal teams, making these cases more complex.

Single Car Accidents

Not all accidents involve multiple vehicles. A single-car crash, like when a driver loses control and hits a tree, can still result in serious passenger injuries.

If the driver was speeding, distracted, or under the influence, you may file a claim against their liability coverage.

For example, if your friend veers off the road while texting and crashes, their insurance may be responsible for your injuries.

Drunk Driving Accidents

When alcohol is involved, the legal landscape changes. If you were a passenger in a car driven by someone intoxicated or hit by a drunk driver, you may be eligible for punitive damages, which go beyond compensation to punish reckless behavior.

In some states, you might also have a claim against a bar or restaurant that overserved the driver under “dram shop” laws.

Final Thoughts

Passengers are rarely at fault for car accidents, which gives them a strong position when seeking compensation.

While the exact settlement amount varies widely, from a few thousand dollars to over a million, it depends on the severity of injury, medical treatment, insurance coverage, and liability issues.

As a passenger, you may file claims against one or more drivers, rideshare companies, or your own insurance depending on the facts of the accident.

Understanding your rights, tracking all damages, and acting within your state’s statute of limitations are essential to building a strong case.

If your injuries are significant or fault is unclear, consider speaking with a personal injury attorney who can help you navigate the process and negotiate a fair settlement.

In all other situations, a little determination and the Mighty.com AI claims helper should get you the compensation you deserve.

Passenger In a Car Accident FAQs

1. Can a passenger sue both drivers in a car accident?

Yes, a passenger can sue both drivers if both share some degree of fault in causing the accident. This is common in T-bone or rear-end collisions involving more than one vehicle.

As a passenger, you're generally not responsible for the crash, which means you’re in a strong legal position to pursue compensation from multiple sources.

In shared-fault states, you may be entitled to file claims against each driver's insurance company, depending on how liability is distributed.

For example, if both drivers were partially negligent—say, one was speeding and the other failed to yield—you can seek damages from both insurers. The amount you recover will depend on the degree of fault assigned to each driver and the policy limits of their insurance coverage.

Filing multiple claims increases the likelihood of receiving full compensation, especially in serious injury cases where one policy alone may not cover all your damages.

2. What if I was a passenger in an Uber or Lyft during the accident?

If you're injured as a passenger in a rideshare vehicle like Uber or Lyft, you may be eligible for substantial compensation due to the commercial insurance policies these companies carry. Most major rideshare platforms provide up to $1 million in liability coverage when a ride is in progress.

This means if the driver was transporting you or en route to pick someone up, you are likely covered under this high-limit policy.

If another driver caused the crash, their insurance would be the primary source of compensation. However, if they are underinsured or uninsured, Uber or Lyft’s uninsured/underinsured motorist coverage may also apply. In cases where both drivers share fault, you may have claims against both policies.

Rideshare claims can be complex, involving multiple parties and commercial insurers. Document everything, seek immediate medical treatment, and consider consulting an attorney who has experience handling Uber and Lyft injury cases to navigate the process effectively.

3. Will my medical bills be paid even if the driver was a friend or family member?

Yes. If you're injured while riding with a friend or family member, you can still pursue compensation from their auto insurance policy even if it feels uncomfortable.

It’s important to remember that you're not suing your loved one directly; you’re filing a claim against their insurance, which is why that coverage exists. Most people carry liability insurance specifically to protect themselves and their passengers in the event of an accident.

Their insurance should cover your medical bills, lost wages, pain and suffering, and other damages if they were at fault. If the accident involved another driver who contributed to or caused the crash, you may be able to file claims against both drivers’ insurance carriers.

In cases where your damages exceed available coverage or the responsible party is uninsured, your own uninsured/underinsured motorist (UM/UIM) coverage may apply. It’s best to report the incident and file a claim promptly to avoid missing important deadlines.

4. How long do I have to file a personal injury claim as a passenger?

The time limit to file a personal injury claim, called the statute of limitations, varies by state. In most states, you have between one and three years from the date of the accident to take legal action.

Some states allow a longer window, while others apply shorter timeframes. For example, in California, the deadline is two years, while in Kentucky it’s just one.

If you miss this deadline, you may lose your right to pursue compensation entirely, no matter how valid your claim is. It’s especially important to act quickly in cases involving government vehicles or public transit, which often have shorter notice requirements, sometimes as little as 90 days.

To protect your rights, it’s crucial to consult with an attorney or file your insurance claims as soon as possible. Delays can weaken your case, make it harder to collect evidence, and give insurers more leverage to minimize or deny your settlement.

5. What if there were multiple injured passengers—how is the money divided?

When multiple passengers are injured in the same car accident, and the at-fault driver’s insurance policy has a per-accident limit, the total amount of compensation available may need to be divided among all the injured parties.

For example, if the policy limit is $100,000 per accident and three passengers are injured, each will receive a portion of that limit—not necessarily an equal share.

In these situations, the severity of each person’s injuries, medical expenses, and long-term needs are considered during negotiations. Someone with a broken arm may receive less than someone with a traumatic brain injury requiring lifelong care. Insurance companies often attempt to allocate funds based on documented damages and liability exposure.

If the available insurance isn’t enough to cover everyone’s losses, passengers may also explore other avenues for compensation, such as the driver’s umbrella policy, their own uninsured/underinsured motorist coverage, or third-party claims. An experienced personal injury attorney can help ensure fair distribution based on medical documentation and legal strategy.

Sources

1. Insurance to Help Protect You: https://www.uber.com/us/en/drive/insurance/