As a passenger injured in a North Carolina car accident, you didn’t cause the crash. You should not be stuck with medical bills, lost wages, and pain. Injured passengers typically have strong legal standing in North Carolina, including in the Raleigh area. You may be able to file a claim against one or more at-fault drivers, access compensation from multiple insurance policies, and potentially file a lawsuit against one or more liable parties.
At Ricci Law Firm Injury Lawyers, we help injured passengers throughout North Carolina understand their rights and fight for the recovery they deserve. Let’s review your rights as an injured passenger and how we can help.
For a free consultation with our car accident lawyers, contact our North Carolina law firm today. You can also call us at (252) 777-2222.
Your Rights as an Injured Passenger in North Carolina (What “Not at Fault” Usually Means)
As a passenger, you are rarely considered at fault for a car accident. The simple reasons: You weren’t driving or controlling the vehicle. Therefore, it is highly unlikely that you caused the crash.
For these reasons, North Carolina law generally treats passengers as innocent third parties, which gives you the right to seek compensation from the party (or parties) who are at fault for the accident.
Because a passenger is “not at fault,” it likely means:
- You have the right to file a claim against the at-fault driver’s liability insurance
- You may be able to file claims against more than one party if multiple drivers share responsibility for the collision
- Your own car insurance, specifically uninsured/underinsured motorist (UM/UIM) coverage, may be another source of compensation (even though you weren’t behind the wheel)
- You cannot generally be blamed for the collision itself, though insurers may still try to limit your recovery
The key phrase here is “generally.” North Carolina’s contributory negligence rule introduces one significant exception, which we will explain shortly.
Who Can Be Held Responsible for an Injured Passenger’s Injuries and Damages?
One of the most important things to understand as an injured passenger is that you may have claims against more than one party. Liability for your damages depends on the facts that define the crash.
The Driver of the Vehicle You Were In
If the driver you were riding with caused the car accident, perhaps through speeding, distracted driving, running a red light, or any other negligent act, that driver can be held responsible for your injuries.
That driver might be a friend, family member, or coworker. Many passengers hesitate to file against someone they know, but pursuing a claim typically means going through that driver’s auto insurance, not their personal assets.
The Driver of One or More Other Vehicles Involved in the Crash
If another driver caused the crash, you may pursue a passenger injury claim in North Carolina directly against that driver and their insurance company. This is often the most straightforward path, particularly in two-vehicle collisions where we establish fault convincingly.
The Employers of Negligent Commercial Drivers
If an at-fault driver was operating in a professional capacity at the time of the accident, their employer (and their employer’s insurer) could be liable. We see this often in accidents involving 18-wheelers, delivery vehicles, and other commercial vehicles.
A Combination of Liable Parties
In some cases, including but not limited to multi-vehicle accidents, more than one party may share responsibility. As a passenger, you can potentially pursue claims against all at-fault parties simultaneously.
Vehicle Owners
If the at-fault driver was operating someone else’s vehicle, the vehicle owner’s insurance policy may also apply. North Carolina law (which applies to most accidents in Raleigh) ties auto insurance to the car, meaning the owner’s policy is typically primary even if someone else was driving.
How Passenger Injury Claims Get Paid
Understanding how compensation actually reaches you is one of the more complicated aspects of an injured passenger rights claim in North Carolina. Your North Carolina car accident lawyer from our team will evaluate the potential of you getting compensation through:
The At-Fault Driver’s Liability Insurance
North Carolina requires all drivers to carry minimum liability insurance. Per the current state requirements, North Carolina mandates minimum coverage limits for bodily injury and property damage. The at-fault driver’s liability policy is typically the first source of compensation for injured passengers.
Uninsured/Underinsured Motorist (UM/UIM) Coverage
If the at-fault driver has no insurance (or not enough to cover your full damages), your own auto insurance UM/UIM coverage could provide much-needed financial protection.
The Policy Covering the Vehicle in Which You Were a Passenger
The driver’s own insurance policy (or the owner’s policy, if different) may also be a source of recovery, particularly if that driver was partially or fully at fault.
Medical Payments (MedPay) Coverage
Some auto policies include MedPay, which can help cover medical expenses regardless of who was at fault.
Other Compensation Sources
Depending on the details of your accident, additional sources of compensation may include:
- A commercial vehicle operator’s business insurance policy
- A rideshare company’s liability coverage (Uber and Lyft accidents)
- An employer’s commercial fleet policy
As you can see, the possible compensation sources can be complicated and intertwined. We will help you develop the right strategy to seek compensation after your car accident in North Carolina.
Can You Sue the Driver of the Car You Were In?
This is one of the most asked questions about passenger injury claims in North Carolina: Can a passenger sue the driver of the car they were in at the time of the collision?
The simple answer is yes, but there are several important factors to consider.
If the driver of your vehicle acted negligently and caused or contributed to the crash, you have the legal right to pursue a claim against that driver. We see this circumstance when:
- A driver was speeding, distracted, or impaired
- A driver ran a traffic signal or stop sign
- A driver made an unsafe lane change or turn
- A driver fell asleep at the wheel
Filing a claim against the driver you were riding with is, understandably, something many passengers are reluctant to do. Remember that you and your loved ones deserve fair compensation, and you are completely justified in filing a lawsuit if that is the path to such compensation.
North Carolina’s Contributory Negligence Rule and Common Insurance Company Arguments
North Carolina is one of only a handful of states still using the contributory negligence doctrine. As noted by the North Carolina Department of Insurance, if an injured person is found to be even 1% at fault for the accident, they may be barred from recovering any compensation at all.
While passengers rarely contribute to crashes in any meaningful way, insurance companies will sometimes claim:
- The passenger knew the driver was impaired and still got in the car
- The passenger distracted the driver in some way
- The passenger failed to wear a seatbelt (though NC limits how this affects compensation)
These are merely arguments, meaning they may be disproven by an effective Raleigh car accident attorney. Prepare for such allegations of negligence by retaining our team before they arise.
What Compensation Can an Injured Passenger in Raleigh, NC Recover?
As an injured passenger, you may be entitled to compensation for all losses connected to the accident, including both economic and non-economic damages.
Economic Damages
An injured passenger might face:
- Medical bills for care received shortly after the accident
- Future medical costs
- Lost wages
- Loss of future earning capacity (particularly if your injuries are permanent or disabling)
- Out-of-pocket expenses related to your accident or injury
Our attorneys work with experts to ensure our valuation of clients’ economic damages is comprehensive and accurate.
Non-Economic Damages
An injured passenger may also demand fair compensation for:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Permanent scarring or other forms of disfigurement
North Carolina does not cap non-economic damages in most car accident cases, so the value of your claim depends on the nature and severity of your injuries (and the detail with which we can prove your damages).
What to Do After the Crash to Protect Your Claim in North Carolina
We urge you to act strategically from the moment the crash happens, which means:
Seeking Medical Care Immediately
Even if you feel okay after the accident, get evaluated by a medical professional as soon as possible. Not every injury is immediately apparent to the injured person. Delaying medical care gives insurance companies grounds to contest your injury’s cause or severity.
Preserving Documentation
Safeguard any photographs, bills, police reports, or any other accident-related documentation. You may even create a journal detailing accident-related symptoms (including pain) for use in your claim or lawsuit.
Reporting the Accident
Make sure the accident is reported to law enforcement, particularly if police did not arrive at the scene before those involved departed.
Being Cautious When Interacting with Insurance Companies
Do not give a recorded statement to any insurance adjuster until you have engaged a North Carolina car accident lawyer from our team. If you have already given a statement, we can protect you in all future interactions.
Retaining Our Team Right Away
At Ricci Law Firm Injury Lawyers, our North Carolina car accident attorneys are available to protect and serve you, so do not wait to reach out.
Our Firm Helps with Special Situations Like Crashes Involving Uber and Lyft Drivers and Commercial Vehicles
Our attorneys understand the unique challenges that arise from:
Rideshare Accidents (Including Uber and Lyft Crashes)
If you were injured as a passenger in an Uber or Lyft, you have rights under both the driver’s personal insurance and the rideshare company’s commercial policy. When a rideshare driver has a passenger in the vehicle, Uber and Lyft each maintain substantial liability coverage.
Commercial Vehicle Accidents
If a commercial vehicle, such as a delivery truck, company car, or bus, was involved in your crash, the commercial operator’s business insurance policy typically covers damages (and has higher limits than a standard personal auto policy).
Truck Accidents (Which Present Unique Hurdles)
Accidents involving large commercial trucks often involve multiple liable parties, which may include:
- An at-fault truck driver
- A trucking company
- A cargo loader
- A maintenance contractor
If you were a passenger injured in a crash caused by a commercial truck driver, the potential sources of recovery may be numerous. Our Raleigh car accident lawyers handle these cases routinely and can be of great assistance to you.
Frequently Asked Questions from Passengers Injured in Car Accidents
Passengers injured in accidents in Raleigh and other areas of North Carolina often approach us with many questions that include:
Will filing a claim hurt my relationship with the driver I was riding with (or raise their insurance)?
Filing a passenger injury claim against the driver you were riding with is a claim against their insurance policy, not against them personally. Whether their rates increase is between them and their insurer, and that possibility should not prevent you from recovering compensation for serious injuries.
Can I use my own uninsured/underinsured motorist coverage if I wasn’t driving?
Yes, in most cases, you may access your uninsured/underinsured motorist coverage as an injured passenger. North Carolina law allows passengers to access UM/UIM coverage under their own auto policy even when they weren’t driving.
Should I give an insurance company a recorded statement if I’m a passenger?
No, you should not give such a statement until you’ve spoken with an attorney from our team. Even as a passenger who did nothing to cause the collision, a recorded statement can be used against you.
Insurers may ask leading or deceptive questions about what you observed before the crash, whether you said anything to the driver (implying you may have distracted them), or how you feel physically, in ways designed to minimize your claim.
If both drivers blame each other, can I still recover compensation?
In such a circumstance, you may pursue claims against both drivers’ insurance policies simultaneously. If both drivers share responsibility for the accident, both insurers may have an obligation to compensate you.
Injured as a Passenger in a Car Crash? Contact Ricci Law Firm Injury Lawyers Today
If you were a passenger hurt in a car accident, you have legal rights and may have multiple paths to full compensation. At Ricci Law Firm Injury Lawyers, we fight to make sure insurance companies don’t shortchange victims who did nothing wrong. For a free consultation with our car accident attorneys, contact our North Carolina law firm today or call (252) 777-2222.