What If I Was a Passenger in a Car Accident? Your Rights Explained

Passenger gesturing with concern as the driver looks at a phone while driving, illustrating distracted driving and passenger safety concerns.

Passenger Injury Claims in Colorado

Car accidents are traumatic for everyone involved—including passengers. If you were riding in a car that crashed and ended up hurt, you maybe wondering: What are my rights? Who pays for my injuries? Fortunately, passengers have strong legal protections in Colorado, even if they weren’t driving.

Let’s explore how injury claims work for passengers and what steps you should take to protect your right to compensation.

 

As a Passenger, You’re Not at Fault

In almost every case, passengers are not considered at fault for a crash. That means if you're injured, you're entitled to pursue a claim against one or both drivers—depending on who was responsible.

Here’s how it works:

  • If the driver of the other car caused the crash, you can file a claim against that driver’s insurance.
  • If the driver of the car you were riding in was at fault, you can file a claim against their insurance—even if you’re friends or family.
  • If both drivers share fault, you may be able to file claims against both insurance policies.

 

What Damages Can You Claim?

As a passenger injured in a Colorado car accident, you can typically recover compensation for:

  • Medical bills
  • Lost wages if you had to miss work
  • Pain and suffering
  • Future medical treatment
  • Emotional distress

If your injuries are serious, your case may also involve long-term care, disability, or reduced earning capacity.

 

What About Health Insurance and MedPay?

In Colorado, many drivers carry MedPay—a no-fault medical payment policy that covers your medical bills up to a certain amount, regardless of who caused the crash. If the car you were in had MedPay, it may help cover initial costs.

Your health insurance may also pay for treatment, but they may request reimbursement if you later recover compensation from an injury claim.

 

Can You Sue the Driver If You Know Them?

It might feel uncomfortable, but yes—you can pursue a claim even if the at-fault driver is a friend or relative. You're actually going after their insurance policy, not their personal assets in most cases.This is exactly why people carry auto insurance: to protect themselves and others if an accident happens.

 

What If the At-Fault Driver Is Uninsured?

If the driver responsible doesn’t have insurance—or doesn’t have enough—your options may include:

  • Filing a claim under your own Uninsured/Underinsured Motorist (UM/UIM) coverage
  • Using MedPay or health insurance
  • Pursuing a lawsuit directly against the driver (though recovery may be difficult)

 

Why You Need Legal Help

Passenger claims can get complicated—especially if multiple insurance companies are involved or you’re being offered a lowball settlement. At Chris Parks Law, we help injured passengers understand their options, protect their rights, and get the full compensation they deserve.

We handle everything from gathering evidence to negotiating with insurers—so you can focus on healing.

Want to read more

View All

Need professional legal advice?

Get a free consultation with our legal experts.
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Free Case
Evaluation
Leave a
Review