Can A Passenger Recover if their Driver Causes an Accident?

By:  Amy C. Van Ostrand                  July 2017

When most people think about personal injury cases, they generally picture themselves driving their car and some "other driver" is driving poorly and crashes into them.  The poor driving of the "other driver" causes the accident.  But what if you are a passenger in the car driven by the "other driver" and you are injured?  Can a passenger in a car recover for damages caused by the poor driving of the driver?    

The answer is: Yes, you do have a valid potential personal injury claim if you were injured in a collision, even if you are a passenger.  There are certain exceptions to this rule if the driver is a close family member, but in general a passenger can recover damages if injured due to the negligent driving of their driver.   

If you are a passenger injured due to the poor driving of your driver, you should pursue a personal injury claim even if the driver is a friend.  The driver may have automobile insurance that will cover your claim, including compensation for your medical bills, lost wages, and pain and suffering caused by the collision. That is the purpose of automobile insurance.  The damages may potentially all be paid by automobile insurance and your friend may not have to pay any money out of pocket.

If you were a passenger in a vehicle  and were injured in a collision due to your driver's  negligence, call the attorneys at Allen Wellman McNew Harvey, LLP at 317-462-3455 to discuss how we can help you get all that you're entitled to under Indiana Law.