Principle Attorney
One moment you’re chatting with a friend on a drive across Denver, the next you’re bracing for impact as another car runs a red light. In the chaos that follows, you’re left with injuries, medical bills, and a question that feels impossible to ask: can you file a claim when the person driving was someone you know?
Yes, passengers injured in car accidents can file injury claims in Colorado. As a passenger, you were not operating the vehicle, which means you bear no responsibility for the collision. This puts you in a favorable position to recover compensation from any driver whose negligence caused the accident, whether that is the driver of your vehicle, another driver, or both. A Denver personal injury lawyer can help identify all available sources of compensation for your injuries.
Your Rights as an Injured Passenger
Passengers have the same right to compensation as any other accident victim. You can recover damages for medical expenses, lost wages, pain and suffering, and other losses caused by the collision. Unlike drivers who may share some fault, passengers rarely face contributory negligence arguments that could reduce their recovery.
Your right to compensation exists regardless of your relationship to the driver. Whether you were riding with a family member, friend, coworker, or rideshare driver, your injuries deserve fair compensation.
Whose Insurance Covers Passenger Injuries?
Multiple insurance policies may cover your injuries depending on who caused the accident. If the driver of your vehicle was at fault, their liability insurance should cover your damages. If another driver caused the collision, that driver’s insurance becomes the primary source of compensation.
When both drivers share fault, you may have claims against multiple insurance policies. Your own auto insurance may also provide coverage through medical payments or uninsured/underinsured motorist provisions. Colorado requires drivers to carry minimum liability coverage of $25,000 per person and $50,000 per accident, though many policies offer higher limits. Identifying all available policies maximizes your potential recovery.
Filing a Claim Against Friends or Family Members
Filing a claim against someone you know can feel uncomfortable, but understanding the process may ease your concerns. Your claim is against their insurance company, not against them personally. Insurance exists precisely for situations like this.
The at-fault driver’s insurance company handles the claim and pays any settlement. Filing an insurance claim does not require any adversarial relationship with the driver.
Pursuing Multiple Insurance Policies
Serious passenger injuries often exhaust one driver’s policy limits. When this happens, you can pursue additional policies to cover your remaining damages. The other driver’s insurance, your own underinsured motorist coverage, and even umbrella policies may provide additional compensation.
Colorado allows passengers to stack available coverage when injuries are severe. This process requires understanding policy language and coordinating claims across multiple insurers. Your time to file a lawsuit after a car accident is limited. Taking prompt action protects your rights to all available coverage.
Common Misconceptions About Passenger Claims
Many passengers wrongly believe they cannot sue the driver who was giving them a ride. Others think accepting medical payments coverage waives their right to further compensation. Some assume they must wait until drivers resolve fault disputes before filing their own claims.
None of these assumptions is accurate. Your right to compensation is independent of the drivers’ disputes with each other. You can pursue claims against any or all negligent parties simultaneously while the drivers and their insurers determine fault allocation among themselves.
Protect Your Rights After a Passenger Injury
The Law Offices of Dianne Sawaya has helped thousands of injured Coloradans, including passengers who deserve full compensation for their injuries. With over 30 years of experience navigating complex insurance claims, Dianne and her team fight for every dollar you deserve. Contact the Law Offices of Dianne Sawaya for a free 24/7 consultation. We handle your claim so you can focus on healing.