Can a Passenger Sue Both Drivers After a Car Accident?

You can file an insurance claim or lawsuit to pursue compensation for medical bills, lost wages, and related losses when you’re hurt in a car accident while driving in Pennsylvania. The exact type of claim you file depends on your insurance coverage.

However, you don’t have to be driving to be hurt in an auto wreck. Maybe you’ve been injured as a passenger in a car accident.

This can already complicate matters, as you might not know whose insurance company (if any) is responsible for compensating you now. The case may be even more complex if multiple drivers contributed to the accident.

Determining liability is very important in these cases. For a passenger to receive the full amount of compensation available, they may need to file claims with multiple insurance companies or liable parties.

We at Munley Law can help in this unique situation. If you’ve been injured as a passenger in a Pennsylvania car accident in which at least two drivers may have been negligent, contact us today for more information about your options.

Understanding Passenger Rights in Multi-Vehicle Accidents

• Types of claims passengers can file: Passengers injured in Pennsylvania car accidents can file claims with their own Personal Injury Protection (PIP) insurance policies, the PIP policies of the drivers of the vehicles they’re in, as well as claims or lawsuits against the at-fault driver who caused the wreck.
• Why passengers have stronger cases than drivers: A driver may have to prove their own negligence didn’t play a role in the accident. This is not typically a requirement for passengers, as passenger negligence rarely plays a role in crashes.
• Legal protections for passengers: An injured passenger in a car accident has the legal right to file a car accident claim or lawsuit seeking compensation.

Unsure about your rights as a passenger? Contact Munley Law for a free consultation to understand your options.

How Pennsylvania’s Choice No-Fault System Affects Passenger Claims

Pennsylvania’s approach to auto accident insurance is unique when compared to that of other states. Consider the following points:

• Understanding PA’s unique choice no-fault system: In Pennsylvania, motorists can opt for no-fault insurance. This means their primary way of seeking compensation after an accident is to file a claim with their own insurance company, regardless of who caused the accident. However, this limits their ability to recover compensation from the liable party who caused an accident. Another option is full tort insurance, which allows injured victims to more easily seek compensation from at-fault parties. However, accessing compensation for medical treatment and other such losses may be less streamlined with this type of coverage.
• Impact on passenger compensation: Sometimes, a passenger’s own PIP insurance will offer compensation, although it’s more common for the PIP insurance of the driver of the vehicle a passenger is in to provide compensation in these circumstances. If neither the driver of the vehicle nor the passenger has PIP insurance, an injured passenger will have to file a claim or lawsuit against a negligent driver or their insurance company to pursue compensation.
• Filing against multiple insurance policies: It’s possible to file a claim with more than one insurance company. This may be necessary when more than one party is at fault or when the limits of a policy don’t offer sufficient coverage.

Get clarity on PA’s complex insurance laws. Speak with our experienced attorneys today.

Determining Liability When Multiple Drivers Are At Fault

Before you can file an insurance claim or personal injury lawsuit against a liable party, you need to know who that liable party is. Determining liability can be particularly complex when multiple drivers could be at fault. Consider the following points:

• Shared fault scenarios: There are numerous potential scenarios in which more than one driver can contribute to a car crash. For example, maybe one driver stopped suddenly in the middle of a busy street. Perhaps the driver behind them, not totally paying attention to their surroundings, didn’t immediately see this and had to swerve at the last minute, resulting in a car crash with your vehicle. This is just one example of a car accident in which at least two drivers may share responsibility for the collision.
• Investigation process: Investigating a car accident is often necessary to determine fault. An investigation may involve reviewing the police report, reviewing visual evidence (such as photos or footage of the car crash scene), speaking with witnesses, and even coordinating with outside professionals, like car accident reconstructionists.
• Evidence collection: Evidence collection can begin at the scene. After a car accident, victims may take pictures of the scene and get the names and contact information of witnesses. Evidence collection may continue after the accident if other sources of evidence are discovered. For example, sometimes surveillance cameras from nearby businesses capture car accidents as they happen. Requesting and reviewing this type of evidence is one way to strengthen passenger injury claims (and all types of car accident claims and lawsuits).

You don’t need to reach out to professionals alone to investigate the cause of a complex accident involving multiple at-fault parties. Let our accident reconstruction experts determine who’s responsible for your injuries.

Types of Compensation Available to Injured Passengers

Passenger injury claims or lawsuits allow injured passengers to seek the following types of compensation:

• Medical expenses: A car insurance policy (whether it be a PIP policy or the required liability coverage all motorists in Pennsylvania must carry) will offer compensation for medical bills when a car accident results in bodily injury. It may also cover related expenses, like the cost of traveling to medical appointments, the cost of prescription medications, etc.
• Lost wages: Covering the cost of medical treatment after a car accident may be particularly challenging if a passenger’s injuries affect their ability to work. If an injured passenger can’t work while they recover from their injuries, they may account for lost wages when seeking compensation.
• Pain and suffering: An injured party in Pennsylvania can’t seek compensation for pain and suffering and other such non-economic, intangible losses when they file a PIP claim. However, if they file a claim or lawsuit against a negligent third party, they can seek compensation for losses like these, which may not have objective or clear dollar values.
• Future care needs: Depending on the severity of a passenger’s injuries, they may need ongoing medical care throughout their life. The settlement or damages an injured passenger receives may thus account for the cost of future medical bills. If an injury permanently deprives them of the ability to return to their job, they can also receive compensation for lost earning capacity.

Find out what your passenger injury claim is worth. Schedule your free case evaluation now.

Special Considerations for Passenger Claims

Special considerations that may apply to your case if you’ve been injured as a passenger in a car accident include the following:

• Family member driver situations: PIP insurance in Pennsylvania usually covers family members, including when they’re passengers. A driver may have to intentionally exclude a family member from a policy, otherwise it will cover them by default. Thus, if someone is injured as a passenger in a vehicle an immediate family member is driving, they may be able to file an insurance claim with their family member’s PIP policy.
• Uber/Lyft passenger claims: Uber and Lyft passenger claims can be complex. If a passenger of an Uber or Lyft is injured in an accident, they may file a claim with the insurance company of the at-fault party. Both Uber and Lyft have insurance policies for these situations. If another driver is at fault, the passenger may file a claim or lawsuit accordingly. Or, they may pursue compensation from multiple sources. However, the details of this type of case can get complex when a passenger of another vehicle is injured in a crash with an Uber or Lyft. Factors like whether the Uber or Lyft driver had a passenger or had already accepted a ride will influence who is liable in these circumstances.
• Commercial vehicle accidents: A passenger car accident is different from a commercial vehicle wreck. In a commercial vehicle accident, the liable party is usually the transportation company that employs the driver, even if the driver’s negligence was technically the cause of the wreck. That doesn’t mean other parties can’t be liable. Again, passengers may sue multiple liable parties if an investigation indicates more than one driver played a role in causing the accident.

Complex case? Our attorneys have handled every type of passenger injury claim.

Steps to Take After Being Injured as a Passenger

First, focus on everyone’s safety. Check yourself for injuries and see if you need immediate medical help. If anyone is seriously hurt, call 911 right away.
Key safety steps:

• Get to a safe spot away from traffic if you can move
• Call the police to report the accident
• Stay calm when talking to the other drivers

Now gather evidence while you’re still at the scene:

• Take pictures of the damage and your injuries
• Get everyone’s contact and insurance details
• Write down names and numbers of any witnesses who saw what happened

Watch out for these common mistakes:

• Don’t refuse medical care – some injuries show up later
• Never take cash at the scene instead of filing a report
• Avoid discussing who was at fault
• Don’t handle insurance claims alone if you’re injured

Remember to get a copy of the police report. You can ask the officer how to get it, or have a lawyer help you get it later.  See a doctor even if you feel okay, and consider talking to a lawyer before dealing with insurance companies.

Most importantly, don’t wait to protect your rights. Contact the car accident attorneys at Munley Law’s 24/7 legal team.