Passengers almost never cause the crash they’re hurt in. That makes passenger claims among the strongest in personal injury law — but they can also be the most confusing, because several insurance companies may be involved.
We recently recovered full medical expenses plus the at-fault driver’s full policy limits for a passenger injured by a negligent driver. (Every case is different, and prior results don’t guarantee a similar outcome.)
Two claims for injured passengers
1. No-fault PIP benefits for your medical bills and lost wages
Michigan’s no-fault law has an order of priority for who pays a passenger’s benefits:
- Your own auto insurance policy, or a policy belonging to your spouse or a relative you live with.
- If none, the insurer of the vehicle’s owner, registrant or operator.
- If none, the Michigan Assigned Claims Plan.
Insurers sometimes argue over which one should pay, and your bills can sit unpaid while they do. We sort out the priority and push the right insurer to pay. Learn about PIP benefits.
2. A claim against every at-fault driver
You can seek compensation for pain and suffering and for losses beyond your PIP benefits from any driver who caused the crash — the other driver, the driver of your own car, or both. If your injuries meet Michigan’s threshold, you’re entitled to compensation for pain, suffering and loss of enjoyment of life. Learn about the threshold.
When the driver is a friend or family member
Many passengers hesitate because the driver is someone they love. But the claim is against the driver’s insurance, which is what that insurance is for. We handle it directly with the insurance company.
Children injured as passengers
A child hurt in a crash is usually covered for no-fault benefits under a parent’s or a household relative’s auto policy. Any settlement for a minor’s injuries generally needs court approval, and the money is often protected until the child turns 18. We guide families through that process.
When the driver was drunk, speeding or distracted
If the driver of your car or another vehicle was impaired, speeding or on a phone, that strengthens a claim against that driver. A criminal case against the driver is separate from your injury claim, and you don’t have to wait for it to finish to get your no-fault benefits.
What injured passengers should do
- Get medical care, and tell your doctors about every symptom.
- Get the names, insurance information and license plates of every driver involved.
- Report the claim to your own auto insurer, or a household relative’s, promptly. No-fault notice deadlines are strict.
- Don’t give a recorded statement to any driver’s insurer before talking to a lawyer.
- Keep records of medical visits, missed work and help you need at home.
When one policy isn’t enough
With two or more drivers potentially at fault, there may be two or more liability policies — plus your own underinsured motorist coverage. Identifying all of them is how we maximize a passenger’s recovery. Learn about policy limits and underinsured coverage.
Frequently asked questions
Can I make a claim against the driver of the car I was riding in?
Yes, if that driver was at fault — even if the driver is a friend or family member. The claim is made against their auto insurance, which exists for exactly this purpose. Their insurance, not the driver personally, usually pays.
I don’t own a car or have auto insurance. Who pays my medical bills?
If a relative you live with has auto insurance, their policy usually pays. If not, the insurer of the vehicle you were in may pay. If there’s no available coverage, you can apply through the Michigan Assigned Claims Plan.
I was in an Uber or Lyft. Is my claim different?
Rideshare companies carry commercial insurance that can apply when a driver has a passenger. In Michigan, your own no-fault coverage generally still comes first for PIP benefits, and the rideshare policy may apply to a claim against an at-fault driver. These cases involve several layers of insurance, so it helps to have them reviewed early.