What Rights Do Injured Passengers Have After a Crash?

Riding in someone else’s car when a crash happens puts you in an unusual position. You had no control over the wheel, no say in the speed, and no chance to react before impact. So who actually owes you compensation when you get hurt as a passenger, especially if the driver was a friend or family member?

You Are Rarely at Fault, and That Matters

One of the clearest advantages of being an injured passenger is that fault almost never falls on you. Since you were not driving, comparative negligence arguments that reduce a driver’s recovery generally do not apply to your claim in the same way. South Dakota follows a more than slight comparative negligence standard for drivers, but as a passenger, your own conduct rarely factors into the equation at all unless you did something unusual, like interfering with the driver’s ability to control the vehicle.

Multiple Policies May Apply to Your Claim

Because you were not behind the wheel, your claim is not limited to a single insurance policy the way a driver’s claim might be. Depending on how the crash happened, you may have access to several potential sources of compensation, including:

• The liability insurance of the driver of the vehicle you were riding in, if that driver caused or contributed to the crash
• The liability insurance of another driver, if a second vehicle was involved and share responsibility
• Your own auto insurance policy’s uninsured or underinsured motorist coverage, if either at fault driver lacks adequate insurance
• Medical payments coverage, sometimes called MedPay, which can apply to passengers regardless of fault

Because more than one policy can potentially apply, it is worth having every angle reviewed rather than assuming your options end with a single insurance company.

Filing a Claim Against a Friend or Family Member’s Insurance

A common hesitation among injured passengers is feeling guilty about pursuing a claim when the driver was a friend or relative. It helps to remember that a claim is made against the insurance policy, not against the person directly. Insurance exists precisely to cover situations like this, and the driver’s insurer, not the driver personally, handles the payout. Filing a claim does not mean your friend or family member pays out of pocket, provided they carried adequate coverage at the time of the crash.

Why Insurance Companies Sometimes Push Back Anyway

Even though passengers are rarely at fault, that does not mean insurance companies simply hand over compensation without resistance. Adjusters may still downplay the severity of injuries, delay the claims process, or pressure a passenger into accepting a quick, low settlement before the full extent of medical treatment is known. Because a passenger’s claim can touch multiple policies at once, insurers sometimes try to shift responsibility toward another party’s coverage in hopes of reducing their own payout.

Filing Your Claim Within the Legal Deadline

South Dakota generally gives injured passengers three years from the date of the accident to file a personal injury lawsuit, under South Dakota Codified Laws Section 15-2-14. While that may feel like ample time, evidence and witness recollections fade quickly, so acting sooner rather than later tends to strengthen a claim.

Talk to an Attorney About Your Passenger Injury Claim

If you were injured as a passenger in a crash, understanding which policies apply and how to pursue every available source of compensation can make a significant difference in your recovery. Our Sioux Falls car accident attorneys at Hoy Law are prepared to advocate aggressively on your behalf. Contact our team today for a free consultation to discuss next steps.

Source:

sdlegislature.gov/Statutes/15-2-14