When Can a Car Accident Victim Sue Their Vehicle’s Driver?

Can a passenger sue their driver for a car accident?

The short answer: yes. Although recovering from car accident injuries can be difficult, passengers often hold a stronger legal position than drivers. As a passenger, you are typically eligible to pursue compensation by filing a car accident claim against one or more at-fault parties, whether that includes your own driver, another driver involved, or both.

You may also have grounds to bring an injury claim even when the at-fault driver was operating your vehicle. While the idea of suing a friend or family member might feel uncomfortable, it’s important to understand that these claims are generally directed at insurance companies, not individuals. The compensation you pursue is covered by insurance, so you are not personally holding your loved one financially responsible for the accident.

Who Pays for Passengers’ Injuries If Their Driver Is at Fault?

An injured passenger may sue the driver of their vehicle when negligence is involved. There are several potential avenues for securing compensation as an injured passenger, including:

• Filing a claim with the at-fault driver’s auto insurance (if you were riding in their vehicle)
• Filing a partial claim with your driver’s insurer when fault is shared between multiple drivers
• Using your own uninsured/underinsured motorist coverage if your driver was uninsured or underinsured
• Filing a claim against the driver’s employer, if they were operating the vehicle in the scope of employment

However, there are exceptions. In California, if the passenger is a covered individual under the driver’s liability policy—such as a spouse, child, or household member—they may not be eligible to pursue a liability claim. Coverage and eligibility can vary, so it’s crucial to review the specifics of your policy and relationship to the driver.

Contact Sacramento’s Best Passenger Injury Claim Attorneys

If you were injured as a passenger in a car accident caused by your driver’s negligence, you have the right to seek compensation for your medical expenses, lost income, and pain and suffering. However, dealing with insurance companies alone can be overwhelming—and may limit your ability to recover what you’re truly owed.

The best way to protect your rights is to consult a trusted personal injury attorney immediately. At United Citizen Law, our team has significant experience handling passenger injury claims in Sacramento and surrounding areas. We know what it takes to build a winning case and get you the results you deserve.

Call us at (916) 800-8457 or share your story with us online to schedule your free consultation today.