Who Pays When a Passenger Is Injured in a Texas Car Accident?

What Passengers Should Know About Their Rights After a Texas Car Accident

If you were riding in someone else’s car during a crash in Texas and ended up injured, you’re probably dealing with a lot – doctor visits, time off work, and the awkward question no one wants to ask: Who’s going to pay for this?

You didn’t cause the accident. You weren’t behind the wheel. But now you’re stuck trying to navigate a situation that feels out of your hands.

Here’s what matters: under Texas law, passengers almost always have the right to seek compensation. In fact, you may be covered by more than one insurance policy – but few people know how to access those benefits or what to do first.

Let’s breaks how passenger claims actually work, who might be responsible, and how to protect yourself financially after the crash.

How Passenger Injury Claims Work in Texas

As a passenger, you’re in a unique position. You didn’t cause the crash, but you’re still the one dealing with the pain, the bills, and the fallout. The good news? Texas law makes it clear: if you’re injured as a passenger, you have the right to file a claim for your injuries.

That claim can be made against the person who caused the crash – even if that person was the driver of the car you were in.

Here’s how it usually works:

• If the driver of the other car was at fault – You can file a claim against their liability insurance.
• If the driver of your car caused the crash – You can still file a claim, even if that driver is a friend or family member.
• If both drivers were partly at fault – You may be able to file claims against both.

Passenger claims are usually handled like any other car accident injury claim – but with one important difference: you may have access to more than one insurance policy. That means a better chance of full compensation, especially if the injuries are serious or involve long-term care.

The hardest part is often knowing where to start. But once fault is sorted out and insurance policies are identified, passengers are generally in a strong position to recover damages.

Who Can a Passenger Sue or File a Claim Against?

When you’re a passenger in a crash, you may not know who to hold responsible – especially if you were just along for the ride and barely saw what happened. The answer depends on how the crash occurred, but Texas law gives you options.

Here’s who you may be able to file a claim against:

• The driver of your vehicle – Even if it feels uncomfortable, you can file a claim against the person driving the car you were in. You’re not suing them personally – you’re using the insurance they pay for.
• The driver of the other vehicle – If someone else caused the crash, their insurance should cover your injuries.
• Both drivers – If responsibility is shared, you can pursue both policies. Texas allows this when fault is split between parties.
• A third party – Sometimes, accidents happen because of things like poor road design, vehicle defects, or debris. In those cases, a city, contractor, or car manufacturer might be involved.

You don’t have to choose just one option. It’s possible – and sometimes necessary – to file claims with multiple insurance companies to cover your full damages.

And remember: this isn’t a matter of being aggressive or “suing everyone.” You are making sure your medical bills, lost wages, and other costs don’t fall on you.

What If the Passenger Knows the Driver?

This is one of the most uncomfortable situations: you’re injured in a crash, and the driver responsible is someone you know. Maybe it’s a friend. Maybe it’s a family member. You trust them, you ride with them often – and now you’re facing medical bills because of a mistake they made.

So what do you do?

The key thing to understand is this: you’re not making a personal attack. You’re not taking money out of their pocket. You’re making a claim against their insurance policy, which exists specifically for situations like this.

Every Texas driver is required to carry liability insurance. That policy is meant to protect not just the driver, but also passengers and others who might get hurt in a crash they cause. If you don’t file a claim, you could be left covering your own costs – while the insurance company keeps its money.

That doesn’t mean it’s always easy. There might be some tension or awkwardness. But if the roles were reversed, you’d likely want your insurance to help them too.

This is the practical path. You’re not blaming them – you’re just trying to heal without going into debt.

What Damages Can a Passenger Recover?

If you were injured as a passenger in a car accident, you’re entitled to more than just a basic apology and a ride to the ER. Texas law allows you to seek compensation for a wide range of losses – both financial and personal.

Here’s what you may be able to recover:

You may also have access to Personal Injury Protection (PIP) or Medical Payments (MedPay) through the driver’s insurance – or your own. These policies can pay out quickly and don’t require proving who was at fault. They’re especially helpful while you’re waiting for a liability claim to resolve.

If your injuries are serious, it’s important to fully understand the value of your claim. Some damages – like pain or future medical needs – aren’t always obvious right away, and insurance companies may try to settle before the full impact is clear.

What If Multiple Passengers Are Hurt in the Same Crash?

When more than one passenger is injured in a car accident, things can get complicated – fast. That’s because Texas insurance policies have limits, and those limits apply to the total amount they’ll pay for all injuries in a single crash.

Here’s what that looks like:

Let’s say the at-fault driver has the minimum required Texas insurance:

$30,000 per person / $60,000 total per accident.

If you and two other passengers are hurt, that $60,000 has to be split between all of you. If your medical bills alone are $40,000, there may not be enough to cover everyone’s costs – especially if someone else has even more severe injuries.

When this happens:

• You might not get the full amount you deserve.
• Insurance companies may try to divide the money based on who filed first or who has the highest bills.
• You may need to file additional claims – like with your own underinsured motorist (UIM) coverage – to make up the difference.

If you’re part of a group injury claim, timing and documentation matter. The faster you act and the more clearly your damages are presented, the better chance you have at securing your fair share.

What Happens If the At-Fault Driver Is Uninsured?

It’s frustrating – but it happens. Sometimes the person who caused the crash doesn’t have insurance. Or maybe they do, but it’s not nearly enough to cover your injuries. So what now?

If the at-fault driver is uninsured or underinsured, you still have options.

Here’s what might help:

• Uninsured/Underinsured Motorist (UM/UIM) Coverage
  If you have car insurance – or live with someone who does – you might be covered. This policy kicks in when the other driver has no insurance, or not enough to pay for your medical bills and other losses.
• Personal Injury Protection (PIP) or Medical Payments (MedPay)
  These coverages are optional in Texas but incredibly useful. They help pay for your immediate medical expenses, regardless of who was at fault.
• A lawsuit
  You can still file a lawsuit against the uninsured driver directly. But collecting money from someone without insurance is tough – especially if they don’t have significant assets or income.

Even if you weren’t driving, your own auto insurance might still apply. It’s worth checking, especially if you live with someone who carries UM/UIM or PIP coverage.

Steps Passengers Should Take After an Accident

If you’ve been hurt in a crash as a passenger, it’s easy to feel stuck. You weren’t in control of the vehicle. You didn’t cause the crash. But you’re the one dealing with the aftermath – pain, bills, missed work, and questions no one warned you about.

Here’s a step-by-step guide to help you protect your health, your finances, and your legal rights:

1. Get medical care right away
   Even if you think you’re “just sore,” get checked out. Some injuries – especially head, neck, or back trauma – can take time to show symptoms.
2. Ask for a copy of the police report
   The crash report lists who was involved, who was found at fault, and what happened. It’s a key piece of evidence for your claim.
3. Gather insurance information
   Get the names and policy details for every driver involved – not just the one you rode with.
4. Take photos
   If possible, snap pictures of the crash scene, the cars, and any visible injuries. If you didn’t get photos at the scene, take pictures of your injuries later.
5. Keep everything
   Medical bills, receipts, work excuse notes, emails from insurance companies – hold onto it all. These documents support your claim.
6. Be cautious with insurance adjusters
   You may get calls asking for recorded statements or quick settlements. It’s okay to wait and ask questions. You don’t have to accept anything on the spot.
7. Talk to a personal injury attorney
   Especially if your injuries are serious or you’re getting calls from multiple insurance companies, a lawyer can help you sort out who’s responsible – and make sure you’re not shortchanged.

Accidents are hard enough. Don’t make it harder by trying to figure everything out on your own.

FAQs About Passenger Injuries in Texas Car Accidents

Can I file a claim even if I didn’t go to the ER right after the crash in Dallas?
Yes. Even if you didn’t go to the hospital right away, you can still file a claim – as long as you received treatment and there’s documentation linking your injury to the crash. Many Dallas-area clinics, urgent care centers, and specialists provide follow-up evaluations that support injury claims.

What if I was riding with a friend or relative in Dallas?
It doesn’t matter where in Texas the crash happened – Dallas, Plano, or Arlington – the process is the same. Your claim goes against their insurance, not them personally. You’re not suing your friend or relative – you’re asking their policy to do what it’s designed to do.

Can I file against more than one insurance policy after a Dallas-area wreck?
Yes. If you were in a multi-car crash on I-35, LBJ Freeway, or anywhere else in DFW and more than one driver shared blame, you can file claims against multiple policies. That’s often necessary when one policy isn’t enough to cover all injuries.

What if I don’t have car insurance in Texas?
That’s okay. Passengers don’t need their own policy to make a claim. If the crash happened in Dallas or surrounding areas, your claim would typically go through the at-fault driver’s insurer. In some cases, a household member’s policy may help.

Is there a time limit to file a passenger injury claim in Texas?
Yes. The deadline is generally two years from the date of the crash, including those that happen in Dallas or other parts of Texas. But cities have different rules for government-related claims, so act quickly if the accident involved public transit or a city-owned vehicle.

What if I was hurt in a rideshare like Uber or Lyft in Dallas?
Rideshare accidents in Dallas are common, especially near Love Field, downtown, or major event venues. Uber and Lyft carry extra insurance that may apply – but those policies can be tricky to navigate. A lawyer can help sort out which policy covers your injuries based on what the driver was doing at the time.

Can I still get compensation if I had a pre-existing condition?
Yes. Texas law allows you to recover damages if an accident makes an existing condition worse. For example, if you had an old back injury that flared up after a crash on Central Expressway or in Oak Cliff, that aggravation still counts. The key is showing how the collision changed your condition.

What if the crash happened in Dallas but the drivers live elsewhere?
The location of the crash matters for gathering evidence and filing police reports, but you can still pursue a claim even if the at-fault driver lives outside Dallas – or even outside Texas. As long as the crash happened in Texas, Texas law applies.

Do I need a Dallas-based lawyer to handle my claim?
You don’t have to hire someone local, but working with a personal injury lawyer who knows the DFW area – and how local adjusters and courts operate – can help. Dallas-based attorneys also understand how to navigate major insurers and local providers in the region.

Call Aaron Genthe for Help After a Passenger Injury in Texas

If you were injured as a passenger in a car accident in Dallas – or anywhere in Texas – you don’t have to figure it out alone. Whether the at-fault driver was a friend, a rideshare operator, or someone you don’t even know, Aaron Genthe at Genthe Law Firm can help you understand your rights and take action.

Call (214) 957-0898 to schedule a consultation and get clarity on what comes next.