Car Accidents

Can a Passenger Sue the Driver in an Accident?

October 16, 2025

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Can a Passenger Sue the Driver in an Accident?

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After a car accident, the driver is not the only person entitled to file a claim for their injuries. Passengers also have rights and can file a passenger injury claim, even if they don’t have their own car insurance. But who can a passenger file a claim against after a car or truck crash? When can a passenger sue the driver in an accident? The Michigan car accident lawyers at the Lee Steinberg Law Firm help answer these questions and explain the rights of passengers following a car wreck.

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Can a Passenger Sue the Driver After a Car Accident to Recover Compensation for Their Injuries?

Yes. A passenger in a car accident makes a claim or lawsuit against the negligent driver responsible for the accident. In fact, a passenger can file a claim for compensation and damages against various potential defendants after a car or truck accident in Michigan. These defendants include:

The driver of another vehicle involved in the accident
The driver of the vehicle the passenger was riding in
The owner of the vehicle
The passenger’s car insurance (if they have no-fault car insurance coverage)

If the at-fault driver was working at the time of the crash, then their employer can also be held responsible. This is because, under the law, the employer is responsible for the negligent acts of their employees when they are within the course and scope of their employment.

Besides the driver and owners of a vehicle, a passenger may also be able to sue a property owner or a city and municipality. But these cases are rare, and a Michigan passenger accident lawyer can help you see if this is a viable case or not.

Can a Passenger Get No-Fault Benefits If They Don’t Have Car Insurance?

Yes. A passenger can absolutely make a claim for no-fault benefits. This includes people injured while in a friend's vehicle, a bus, a transportation van, on the back of a pick-up truck, or inside an Uber or Lyft. Even if a passenger in a car does not have auto insurance, they are entitled to make a claim for Michigan no-fault benefits.

The only exception to this rule is that passengers injured in their own uninsured vehicle are not permitted to make a case for no-fault benefits under MCL 500.3113. However, this exception only applies to individuals involved in a motor vehicle accident who are considered the owner and the vehicle lacks auto insurance.

What are Michigan No-Fault Benefits?

Michigan no-fault benefits encompass a wide range of benefits. Here is a quick list.

The payment of medical expenses, such as hospital and doctor's bills.
Lost wages for up to 3 years from the date of the incident.
Reimbursement for prescriptions and co-pays related to the crash.
Transportation services to and from medical appointments.
Household replacement services for up to 3 years.

Who Pays the No-Fault Claim if you are a Passenger Without Car Insurance?

This is called the order-of-priority. In Michigan, your own car insurance company is responsible for paying these benefits. This is the case even if your car was not involved in the crash or if you were responsible for causing it.

However, if you don’t have car insurance, then the car insurance company of a resident relative is obligated to pay first-party benefits. A resident relative is a family member who lives within a household. Examples include a spouse, sibling, parent, or even a grandparent.

If there is no car insurance in the household, an injured passenger must make a claim for PIP benefits through the Michigan Assigned Claims Plan (MACP). The MACP is a non-profit entity run by the insurance industry. After completing an Application for Benefits, the MACP will assign an insurance company – such as Farm Bureau or Citizens Hanover – to pay the claim for no-fault benefits.

Remember, the negligent driver does not pay any of the medical bills they cause until the PIP coverage is exhausted or used up.

Can Passenger Injury Claims Be Filed Against a Spouse?

Yes, the law allows a passenger to file a claim against a spouse or any family member for negligence. In fact, these cases are common. Cases against a spouse or another family member are treated just like a normal negligence car accident case.

However, many auto insurance companies have something called “step-down” provisions in their insurance policies. This means the insurance company can reduce the amount it must pay for pain and suffering to the state minimum in Michigan, which is $50,000 (or $250,000 in some situations).

Common Injuries Suffered By Passengers in an Accident

Because many passengers are not as aware of when an impact will occur before a collision, they can be highly susceptible to injury. And the injuries they sustain can lead to costly medical treatments, lost income while recovering from their injuries, and other potential financial losses and damages. As such, they are entitled to file a passenger injury claim to recover compensation to help pay for such losses.

Common injuries for passengers in a car collision include:

Shoulder pain, rotator cuff tears, and ligament injuries
Broken wrists and hand injuries from protecting themselves
Broken arms and injured elbows
Neck pain and neck injury, including herniated discs
Closed head injury, concussion, traumatic brain injury
Post-concussion syndrome
Low back pain and hip pain that goes into the legs

Proving Liability in a Car Accident Is Important

Establishing liability is crucial if you wish to pursue compensation for your injuries. This is true even if you are a passenger. A police report will help explain what happened. Still, police reports are inadmissible hearsay and are not allowed to be introduced as an exhibit during a trial.
This is where a good Michigan passenger accident lawyer can help.

Through investigation and deposition testimony, a great car accident lawyer will help establish which vehicle caused the crash and why. Sometimes expert reports and testimonies are required. Then the insurance company for the negligent driver and owner will have to step up and pay for the injuries suffered by the passenger and anyone else injured.

Damages You May Be Able to Recover As a Passenger in an Accident

Some of the more common damages a passenger can obtain by filing a passenger injury claim in Michigan include:

Pain and suffering
Compensation for anxiety, PTSD, depression
Emotional distress
Psychological trauma
Past medical bills
Future medical expenses
Past and future lost wages
Out-of-pocket costs

What to Do If You’re a Passenger in an Accident

As an injured passenger after a car crash, your number-one priority is your health. If you are injured, you should call 911 for an ambulance or have someone take you to the hospital. If emergency care is not necessary, you should still see a doctor as soon as possible. Medical documents that prove you were treated for an injury will help support your claim.

You should also call the police after the accident to ensure an official police report is filed. However, you should never solely rely on the police to gather evidence. If possible, try to collect evidence yourself, such as pictures and videos of the accident scene. It is essential to take photos of the license plates of all the vehicles, the driver's licenses of the drivers, and pictures of the vehicle damage. Get the contact information for anyone who witnessed the accident. They will help your case later when they are needed to provide testimony.

Immediately following the accident, you should contact a passenger accident lawyer. A lawyer can help you determine who was at fault and who to file your passenger injury claim against. They can also protect your rights and ensure the insurance company pays you the full and fair settlement you deserve.

The Lee Steinberg Law Firm: Michigan Passenger Accident Lawyers

At The Lee Steinberg Law Firm, our passenger accident lawyers have years of experience handling Michigan car accident passenger claims. We can help you navigate your claim, ensure the right party is held liable, and get you the full and fair settlement you deserve.

Call our Michigan car accident lawyers at 1-800-LEE-FREE (1-800-533-3733). You’ll pay nothing until we settle your case.

About

Eric Steinberg

Eric Steinberg is a managing partner at the Lee Steinberg Law Firm, having recovered tens of millions for clients throughout Michigan. Attorney Steinberg has almost 20 years of experience handling personal injury, auto accidents, big truck accidents, premises liability, medical malpractice, nursing home injury, and dog bite cases.

He is one of Michigan’s leading authorities on personal injury law, having served as the President of the Michigan Association for Justice (MAJ).  As an advocate for ensuring people have access to justice, Attorney Steinberg believes all injured individuals should be able to obtain legal representation at their most difficult times. As a result, all clients at his firm never pay an attorney fee or any costs until the outcome of their case is successful.  Attorney Steinberg has tried multiple cases to verdict and handles all facets of the Lee Steinberg Law Firm. He has been named a Michigan Super Lawyer by his peers as one of the top personal injury attorneys in the State of Michigan. Attorney Steinberg is also a frequent speaker at seminars where he teaches other lawyers about updates in personal injury law, discovery tactics, and trial advocacy.

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