Can I Sue the Driver of the Car I Was a Passenger in if I Was Injured in a Car Accident?

Sep 9, 2022 | Auto Accidents

Car passenger getting out of the car with neck pain from the car accident

Any driver who is at fault for an accident is liable for the injuries that accident causes. This includes passengers within their vehicle and other drivers and passengers involved in the accident.

Determining who should pay your medical bills as a passenger involved in a car accident can be complicated. While you may obviously not be at fault for the accident, hiring an attorney is a wise move to ensure your dealings with the insurance company are handled correctly to avoid missteps that could lead to non-payment.

As you work through the situation of being injured as a passenger, here are some things to keep in mind.

Common Car Accident Causes

Despite the seriousness of operating a motor vehicle, some drivers do not give the task the care that it deserves. That carelessness can lead to accidents and injuries to other drivers and passengers.

Some common car accident causes include:

  • Distracted driving
  • Driving under the influence of drugs or alcohol
  • Poor weather
  • Speeding
  • Failing to yield
  • Running a red light or stop sign
  • Driving recklessly
  • Poor vehicle maintenance
  • Unsafe lane changes, including failing to signal or allow enough space
  • Following the vehicle in front of you too closely


Filing a Claim as a Passenger in a Car Accident

Once you’ve gotten yourself checked out by a medical professional to review your injuries and create a care plan, you should look into hiring an attorney. Before you interact with the drivers of the vehicles involved in the accident or contact the insurance company, you should have an attorney by your side to avoid saying or doing the wrong thing. 

Make sure you’re retaining all receipts and medical information related to your accident injuries. This will provide your attorney with important information to prove your case.

You’ll also want to obtain a copy of the police report for the accident. If you hire an attorney, your attorney will handle this part for you. Ideally, you should also have the names and phone numbers of all accident witnesses and the drivers involved in the accident. Photos and videos from the accident scene will also strengthen your case.

After you have your evidence collected, you can begin the claim process with the insurance company for the at-fault driver. Victims that proceed without an attorney should be careful with this part. The insurance adjuster will likely tell you that you are required to file a recorded statement to open the claim. However, you should know that recorded statements are not legally required and recordings can be used against you during the case.

Why Passengers Should Hire an Attorney

Victims who hire an attorney can focus on their recovery and healing. The attorney will handle communication with the insurance company, which is a major advantage of hiring an attorney.

Once you accept a settlement or reimbursement for your bills, the claim is closed and you won’t be able to pursue additional compensation. You want to avoid signing off on the claim until you’ve fully healed from your injuries and know the full cost of your medical care. 

An attorney can also work with you to calculate missed work, pain and suffering, and other expenses to ensure you get the compensation you deserve to return your life to its pre-accident state as best as you can. 

As a passenger, you certainly had no fault in the accident. The driver that caused the accident should be held liable for their mistakes and you should not have to shoulder the financial burden of medical bills and other accident-related expenses. 

Geoff McDonald & Associates will ensure you get the compensation you deserve. Schedule a free consultation with us now to get started on the road to financial recovery.

Geoff McDonald and Associates: 804-888-8888.


No Fees Unless We Win

    How Do Most Motorcycle Accidents Happen in Virginia?

    In 2022, over 2,000 motorcycle crashes occurred in Virginia, accounting for only 1.7% of all traffic collisions but over 10% of serious traffic injuries. If you’re a rider, you should be extra careful on the roads and avoid the motorcycle collision causes we mention...

    How Are Truck Accidents Different From Car Accidents in Virginia?

    Power trucking accidents are one of the most dangerous types of road accidents, and they differ significantly from car accidents in several ways. The most apparent difference between a truck and a car is their size and weight. Trucks are much bigger and heavier than...

    What to Do if You’re Hurt in a Virginia Multi-Vehicle Crash

    Any car accident has the potential to cause catastrophic injuries and property damage, and multi-vehicle accidents can dramatically increase those risks.  Multiple-vehicle accidents involve three or more vehicles, which also complicates determining fault and...

    How Do I Know If I Have a Valid Truck Accident Case in Virginia?

    Truck accidents are some of the deadliest vehicle accidents that occur across Virginia, especially when commercial trucks collide with smaller vehicles. If you or a loved one suffered injuries in a truck collision, you may ask, “Do I have a valid truck accident case?”...

    Our Case Results

    Industrial Plant Accident

    Attorneys for the Plaintiff: Jeffrey A. Breit and Justin M. Sheldon Our client was killed in an industrial accident when an unauthorized worker was operating an overhead crane and pinned our client between…

    Rear-End Crash

    Our client suffered a traumatic brain injury, facial trauma, a dislocated hip and severe abdominal trauma when she was rear-ended at a traffic light by a tractor trailer. Suit was commenced shortly after…

    Assault of Log Truck Driver

    Attorneys for the Plaintiff: Geoffrey R. McDonald, Frank H. Hupfl, Justin M. Sheldon.
    Our client suffered a traumatic brain injury after being assaulted and knocked to the ground while fueling his logging…

    Drunk Driving Crash

    Our client suffered neck/head trauma and a broken wrist after his vehicle was struck by a drunk driver while he was stopped at a traffic light. Upon rejection of a settlement offer of $325,000, our litigation…

    Rear-End Collision

    Attorneys for the Plaintiff: Justin M. Sheldon and Geoff R. McDonald, Richmond
    GMA’s client was injured as a result of a rear-end collision in the greater Richmond area. The crash occurred a little after…

    Client Reviews

    Cheryl and Rich were wonderful and patient with me throughout the case. All of my questions were answered. They really helped me through this tough time and made sure to let me know what was going on. I really thank Geoff…

    Troy Saxby

    My experience with GMA staff was first rate. They always represented in a professional way and made sure I had everything as far as paperwork. Kara and Theo made sure to answer all my questions, was always available and so…

    Shirley Brown

    Geoff McDonald & Associates is the team that you want on the field if you’re in need of top notch legal defense! Mr. Taj Henley demonstrated true customer service skills and his expertise made me feel comfortable throughout the…

    Julian Reeves

    Geoff McDonald & Associates: Thank you Taj Henley for all of your hard work and dedication! Very expeditious in my case and I was very satisfied with my settlement. Will recommend to all my friends and family!

    Shareema Williams

    Geoff is number one in my book and I especially appreciate the support of Mr Henley

    Ebony Conwell

    I was so pleased with the knowledge and support from Mr. Taj Henley

    Kideem Frierson

    Thank you Geoff McDonald &Associates. A special thank you to Mr. Taj Henley

    Denise Conwell

    Mr. Taj Henley displays exceptional professionalism for Geoff McDonald & Associates, along with commendable communication skills and customer service. By his work ethic and commitment to the people he serves his value to any…

    Justin Fitzgerald