What Happens If I Was Injured as a Passenger in a Car Accident?


Car Accident Personal Injury Attorney Oklahoma City — Warhawk Legal

Being injured as a passenger in a car accident can be even more terrifying than if you were driving. You may be able to recover compensation for your damages. However, you may not know who is liable and which insurance companies will pay for your damages.

Injured in Oklahoma City? Call Warhawk Legal at (405) 397-1717 for a free consultation. Our personal injury attorneys work on contingency — you pay nothing unless we win your case.

Additionally, insurance companies and defense attorneys will try to deny or devalue your claim so they can pay as little as possible to settle your case. You need the help of an experienced car accident injury lawyer to protect your rights as an injured passenger and to help you recover maximum compensation. 

When You Are A Passenger of a Driver Who Is Not At Fault in a Car Accident

When you are a passenger in a vehicle involved in an accident and the driver of that vehicle is not at fault, you may still be able to recover compensation from their insurer. 

Oklahoma is an at-fault state for purposes of car accidents. That means the driver who is at fault is responsible for paying the damages to the injured parties. So, you will likely file a claim against the at-fault driver’s insurer.  

When You Are A Passenger of a Driver Who Is At Fault in a Car Accident

When you are a passenger in a car whose driver is at fault in an accident, you can file a claim with their insurance company. If the driver is a friend or family member, filing a claim against their insurer can be awkward. However, you should explore all available options to recover damages for your injuries.

Are Passengers Ever At-Fault In a Car Accident?

Passengers are rarely at fault in a car accident since they are not operating the vehicle. However, if a passenger intentionally contributes to the accident by interfering with the vehicle’s operation, they could be at fault or partially at fault for the resulting damages. 

How Can a Car Accident Lawyer Help an Injured Passenger 

You should consult a trusted OKC car accident lawyer if you have been injured as a passenger in a car accident. Your attorney can advise you of your options for recovering damages and help you secure maximum compensation.

They can investigate your accident to determine all causes and all potentially liable parties. They can review insurance policies to identify all that may provide coverage for your damages and file the necessary claims on your behalf. 

Your attorney can conduct discovery to uncover essential evidence and build your strongest case. They can establish and accurately value your current and future damages so you know what a fair settlement of your claim would be. 

Your attorney can negotiate to reach a fair settlement of your case, and if a fair settlement is not reached, they can take your case to court to recover the damages you are entitled to. 

Schedule a Free Consultation With Warhawk Legal

If you were injured as a passenger in a car accident, you may be able to recover compensation for your damages. You need the assistance of an experienced car accident injury attorney to help protect your rights, explain your options, and help you recover the full compensation you are owed.

At Warhawk Legal, we have a proven record of helping injury victims and have secured numerous multi-million-dollar verdicts and settlements for our clients. Let us help you get the justice and financial compensation you deserve. 

Call (405) 294-1243 or complete the short form on our contact page and schedule a free consultation to discuss your claim. 

Related Reading: Oklahoma City Personal Injury Attorney

Which Insurance Policy Covers an Injured Passenger in Oklahoma?

When you are a passenger, multiple insurance policies may be available depending on the circumstances. If the driver of the vehicle you were in was at fault, their liability policy is the primary source of recovery. If a third vehicle caused or contributed to the crash, that driver’s liability policy applies. If the at-fault driver was uninsured or underinsured, the vehicle owner’s uninsured motorist (UM) coverage may step in — and so may your own UM coverage if you have it on your personal auto policy, even though you were a passenger in someone else’s car. Rideshare passengers (Uber, Lyft) have access to the rideshare company’s commercial liability coverage, which carries limits of up to $1 million for accidents that occur while a trip is active.

Passenger Rights and Comparative Fault in Oklahoma

As a passenger, you are almost never found at fault for a crash — fault allocates between the drivers. This means passengers typically face the cleanest path to full recovery of damages without the comparative negligence reduction that drivers sometimes encounter. Oklahoma law gives passengers the right to sue any at-fault driver, including the driver of the vehicle they were riding in, without restriction.

Frequently Asked Questions for Injured Passengers in Oklahoma

Can I sue the driver of the car I was riding in? Yes — if that driver caused or contributed to the crash, their liability coverage is a valid recovery source. What if neither driver has enough insurance? Your own UM/UIM coverage on your personal auto policy can apply even as a passenger. Does filing a claim against a friend’s insurance affect their rates? Filing against their liability coverage does affect their record — but you are entitled to compensation regardless of your relationship with the driver.

If you or a loved one has been injured, contact our experienced Oklahoma City car accident attorney at Warhawk Legal. We offer free consultations and only get paid when you win.