Who Can I Sue If I Was a Passenger in a Car Accident?

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You can sue a driver or another party whose negligence caused your injuries if you were a passenger in a car accident in North Carolina. Depending on who caused the crash, you may have a claim against the driver of the car you were riding in, another driver, or both.

The Charlotte car accident lawyers at CR Legal Team can look at evidence from the crash, handle questions from the insurance adjusters, and challenge an insurer who disputes your injuries or the amount of your claim.

How Our Car Accident Lawyers Help Injured Passengers

Passengers often have little control over what happens before a collision. You may have been riding with a friend, family member, coworker, or rideshare driver when the crash occurred.

CR Legal Team helps injured passengers find out who caused their injuries and which insurance policies may apply. We can:

  • Review police reports, photos, and witness statements.
  • Investigate the actions of each driver involved.
  • Identify the insurance coverage available.
  • Gather medical records and proof of lost income.
  • Calculate your losses.
  • Handle conversations and settlement offers from insurance companies.
  • Prepare a lawsuit if necessary.

As our case results show, our firm secured a $2.3 million settlement for a client injured in a North Carolina motor vehicle accident. Past results do not guarantee future outcomes.

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Injured? Talk to a lawyer for free.

Contact CR Legal Team now and let us Stand Up for the recovery you deserve.

Call 888-843-8326

Who May Be Liable for a Passenger’s Injuries in North Carolina?

A passenger may have a claim against one or more parties whose actions caused the collision. The person responsible may be driving  the car you occupied or another vehicle involved in the crash.

The Driver of the Car You Were Riding In

You may be able to sue the driver of the vehicle you occupied if that person’s careless actions caused your injuries. 

For example, a friend might run a red light at an intersection along Independence Boulevard and strike another vehicle. If your friend caused the crash, you may have a claim against that driver.

Filing a claim does not always mean your friend must personally pay your medical bills. The driver’s auto liability insurance may cover some or all of your damages.

Another Driver Who Caused the Collision

You may have a claim against another driver who caused the accident. Common examples include speeding, distracted driving, impaired driving, and failing to yield. 

If another motorist runs a stop sign and hits the vehicle you are riding in, that driver may be responsible for your injuries.

Both Drivers When They Share Fault

If both drivers contributed to the collision, an injured passenger may have a claim against each of them.

Through our Whole-Person Legal Care™ approach, CR Legal Team will look into what happened and determine whether either driver, or both, may be held responsible for the passenger’s injuries.

How North Carolina’s Contributory Negligence Rule Affects Passengers

North Carolina follows a strict contributory negligence rule established through state court decisions. Under this rule, an injured person generally cannot recover compensation if their negligence helped cause their injuries, even if they were slightly at fault.

For passengers, the rule requires a closer look at their own actions. A driver’s negligence is generally not assigned to a passenger just because the passenger was riding in the vehicle. In some situations, a passenger’s behavior may still matter. 

For example, knowingly riding with an impaired driver may raise questions about the passenger’s own care for their safety. At CR Legal Team, our Charlotte personal injury lawyers look at the circumstances of the crash and respond when an insurance company tries to place fault on an injured passenger.

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Our personal injury lawyers are ready to help.

Contact CR Legal Team now and let us Stand Up for the recovery you deserve.

Call 888-843-8326

Insurance Coverage Available to Injured Passengers

Passengers hurt in accidents may have access to several types of auto insurance. The available benefits depend on the policies involved, who caused the crash, and the extent of the injuries. 

North Carolina requires minimum auto liability insurance coverage for policies issued or renewed on or after July 1, 2025: 

  • $50,000 for bodily injury to one person.
  • $100,000 for bodily injury to two or more people in one accident.
  • $50,000 for property damage.

These limits do not mean an injured passenger will automatically receive $50,000. The amount available depends on the claim, policy terms, and other injured people seeking compensation. 

Other coverage may include medical payments coverage, uninsured motorist (UM) coverage, or underinsured motorist (UIM) coverage.

CR Legal Team can examine the policies that apply to the crash and explain which sources of payment may be available for your injuries.

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Find out what your case is worth.

Contact CR Legal Team now and let us Stand Up for the recovery you deserve.

Call 888-843-8326

Compensation Passengers May Recover After a Car Accident

If you were hurt while riding as a passenger, you may be able to recover compensation for your medical bills, lost income, pain, and other losses caused by the accident. The amount depends on the severity of the harm suffered, the evidence available, and the facts of the accident.

Damages may include:

  • Medical expenses
  • Lost income
  • Changes in earning ability
  • Pain and suffering
  • Emotional distress and mental anguish
  • Other injury-related expenses

Someone injured in an accident along Interstate 77 might receive treatment at Atrium Health Carolinas Medical Center in Charlotte. Records from that facility, along with follow-up treatment notes and pay statements, may help show the extent of the person’s losses.

We address our clients’ concerns about their health, money, and recovery. CR Legal Team can collect records of your expenses and injuries to help determine the value of your claim.

What Happens When an Insurance Company Investigates a Passenger’s Claim?

When an insurance company looks into a claim, they begin by reviewing the crash report from the Charlotte-Mecklenburg Police Department or another responding law enforcement agency, speaking with drivers and witnesses, and examining medical records. 

An adjuster may also ask for a recorded statement or request permission to obtain your medical history. Before signing a broad medical release or accepting a settlement, you may want to have the request reviewed.

The insurer may question:

  • Which driver caused the crash.
  • Whether your injuries resulted from the collision.
  • Whether all your medical treatment was necessary.
  • How much income you lost.
  • Whether your injuries affect your daily activities.

CR Legal Team can handle these discussions and provide evidence supporting your claim. If the insurance company makes a settlement offer, our Legal Team can review it with you before you decide whether to accept. 

Passengers Must Meet Filing Deadline for Accident Lawsuits in North Carolina

In North Carolina, most personal injury lawsuits must be filed within three years of the date of injury, as provided by G.S. § 1-52. Missing the deadline may prevent you from recovering damages through a lawsuit. 

Some cases have different time limits, including certain claims involving government agencies. A lawsuit arising from a Charlotte collision may be filed in Mecklenburg County Superior Court or District Court, depending on the nature and amount of the claim. 

CR Legal Team can review when the filing period began, identify any deadlines that may apply, and prepare the necessary court papers if a lawsuit is appropriate.

Passenger Car Accident FAQs

A passenger’s right to compensation may depend on several factors, including who caused the crash and what insurance coverage is available. CR Legal Team can answer questions about these issues and explain your legal options under North Carolina law. 

Can I Use My Car Insurance if I Was Injured as a Passenger?

You may be able to use your car insurance to cover certain losses if you were hurt as a passenger in someone else’s vehicle. Your policy may provide medical payments coverage (MedPay) to help pay medical bills, regardless of who caused the accident.

Your uninsured or underinsured motorist (UM) coverage may help if the driver who caused the crash has no insurance. If the driver has insurance but the policy doesn’t cover all your losses, underinsured motorist (UIM) coverage may provide additional compensation. The terms of your policy will determine what coverage is available.

Can I Recover Compensation if I Wasn’t Wearing a Seat Belt?

You may still recover compensation after a North Carolina car accident even if you were not wearing a seat belt. 

G.S. § 20-135.2A generally prevents failure to wear a seat belt from being used as evidence of contributory negligence in a civil case. Other actions by a passenger may still affect a claim.

What Happens if a Child Is Injured as a Passenger?

A child injured as a passenger may have a personal injury claim against the person responsible for the crash. A parent or legal guardian may take legal action on the child’s behalf. 

Special rules may affect filing deadlines for minors, and some settlements require court approval. Our attorneys can explain how these rules apply to the child’s case.

Good News: CR Legal Team Can Help You Seek Damages After a Passenger Car Accident

You may be asking, “I was a passenger in a car accident. Who do I sue?” CR Legal Team can help you understand your legal rights and determine what to do next, even when someone you know caused the crash.

We started as Crumley Roberts in 1989 and have since served 200,000+ clients using over 600 years of combined experience.  We believe in our promise: We Stand Up For You® when you need answers about your claim. Contact us today for a free consultation.

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