Car accidents don’t just impact the drivers involved; passengers often suffer serious injuries, emotional trauma, and major financial consequences through no fault of their own. Unlike drivers, who may share partial blame in some cases, passengers are rarely at fault. This means that as a passenger, you may have a strong legal claim for compensation, but how much you can recover depends on a number of factors.
Lets break down everything you need to know if you were injured as a passenger in a car accident in South Carolina. From your rights to your potential compensation and how to build a strong claim, we’re here to walk you through the process.
Can a Passenger File a Personal Injury Claim?
Yes, passengers absolutely can and should file a claim if they were injured in a car accident. Whether you were riding with a friend, relative, rideshare driver, or even in a taxi, you have the legal right to pursue compensation if the accident was caused by someone else’s negligence.
As a passenger, you may file a claim against:
- The driver of the vehicle you were riding in, if they were at fault
- The driver of another vehicle, if they caused or contributed to the crash
- Multiple drivers, in cases involving shared liability
- Your own insurance, if the at-fault driver is uninsured or underinsured
Passengers are protected under South Carolina’s fault-based insurance laws, meaning you don’t have to sue your own driver unless they were the one responsible for the crash.
Who Pays for a Passenger’s Injuries?
When you file a personal injury claim as a passenger, compensation typically comes from:
- The at-fault driver’s liability insurance
- Additional parties, such as rideshare companies or vehicle owners
- Uninsured/underinsured motorist (UM/UIM) coverage, if the driver lacks adequate insurance
- Personal injury protection (PIP) or MedPay, depending on the policy
The key to a successful claim is identifying all potential sources of coverage. At Ted Law Firm, we conduct thorough investigations to make sure no avenue of compensation is overlooked.
What Damages Can a Passenger Recover?
As a passenger injured in a crash, you may be eligible for a wide range of damages, including:
Economic Damages
These cover direct financial losses related to the accident:
- Emergency medical treatment
- Surgeries, hospital stays, and outpatient care
- Prescription medications and medical equipment
- Physical therapy and rehabilitation
- Lost wages or missed work due to injuries
- Loss of future earning capacity
Non-Economic Damages
These reflect the emotional and physical toll of the accident:
- Pain and suffering
- Emotional distress or mental anguish
- Loss of enjoyment of life
- Loss of consortium or companionship (in severe cases)
Punitive Damages
In rare cases where the driver acted with gross negligence such as drunk driving, reckless speeding, or road rage the court may award punitive damages to punish the behavior and deter similar conduct.
How Much Is a Passenger Car Accident Claim Worth?
Every accident is unique, so there’s no single number that applies to every passenger injury case. However, your settlement or court award will typically depend on the following key factors:
1. The Severity of Your Injuries
Minor injuries (like bruises or sprains) may result in smaller settlements, while severe injuries—such as spinal cord damage, traumatic brain injuries (TBI), or multiple fractures—can significantly increase your case value.
2. Your Total Medical Costs
The more expensive your care, the more compensation you’ll be entitled to. This includes current bills as well as projected future costs if you’ll need ongoing treatment.
3. Time Missed From Work
If your injuries forced you to miss work or left you unable to return to your job, this loss of income will be factored into your compensation.
4. Permanent Disability or Impairment
Claims involving life-altering injuries generally result in higher compensation. These include loss of mobility, cognitive function, or the need for long-term assistance.
5. Pain and Suffering
This is based on the intensity and duration of your pain and emotional hardship. The more your daily life has been impacted, the more your non-economic damages may be worth.
What If You Were in a Rideshare (Uber or Lyft)?
Passengers injured in rideshare vehicles may have a claim against:
- The rideshare driver (if they caused the crash)
- Another driver (if they were at fault)
- Uber or Lyft’s commercial insurance policy (up to $1 million in coverage)
Rideshare accidents involve multiple insurance policies and strict reporting timelines, so it’s critical to involve a lawyer right away to protect your rights.
Can a Passenger Share Fault in an Accident?
In most cases, no. Passengers are considered non-liable third parties, meaning they are not responsible for how the crash occurred.
However, insurers may attempt to reduce your compensation if:
- You weren’t wearing a seatbelt
- You knowingly rode with a drunk driver
- You distracted the driver just before the crash
South Carolina follows a modified comparative negligence rule, which means you can still recover damages as long as you’re less than 51% at fault. If any blame is unfairly placed on you, Ted Law Firm will fight back and protect your interests.
Can a Passenger File a Claim Against a Friend or Family Member?
Yes, but this can be emotionally complicated. If the driver of the car you were in was at fault—and they’re a friend, sibling, or spouse you may still need to file a claim against their insurance policy.
Remember: you are not suing your loved one personally, you’re seeking compensation from their insurer. In many cases, drivers expect and understand this process.
What If the At-Fault Driver Doesn’t Have Insurance?
If the person who caused the crash lacks insurance or carries too little coverage, you may still be protected through:
- Your own uninsured/underinsured motorist (UM/UIM) policy
- The UM/UIM policy of the driver you were with
- A household family member’s policy, if you live with someone who has applicable coverage
These policies can help fill coverage gaps, but insurers often fight these claims hard. A lawyer can help you navigate the fine print and secure what you’re owed.
Why You Shouldn’t Trust the Insurance Company
Even when fault is clear, insurance adjusters are trained to pay as little as possible. They may:
- Offer a quick settlement before you know the extent of your injuries
- Downplay the seriousness of your condition
- Delay or deny your claim
- Try to blame you or suggest you don’t need a lawyer
Don’t let them take advantage of your situation. At Ted Law Firm, we handle all communication, negotiation, and legal strategy so you can focus on recovery.
How Ted Law Firm Can Help
Our experienced personal injury attorneys represent injured passengers across Charleston and South Carolina. When you work with us, we will:
- Review all available insurance policies
- Calculate the true value of your claim
- Work with doctors and a financial team to support your case
- Gather evidence to prove liability and damages
- Handle all communication with insurers
- Take your case to trial if necessary
We work on a contingency fee basis, which means you pay nothing unless we win.
Schedule a Free Consultation Today
At Ted Law Firm, we proudly serve clients across all of South Carolina and Georgia including Charleston, Greenville, Columbia, Myrtle Beach, and Atlanta. No matter where you are in either state, we’re here to help. And remember: you don’t pay a dime unless we win your case. There’s no risk, just experienced support from a team you can trust. You’re in good hands with Ted Law Firm.
Attorney Ted Sink, founder of The Ted Law Firm, is a Yale, Stanford Business School, and Charleston School of Law graduate and former marketing executive who built a 7-figure law practice, earning millions for his clients. With experience in both law and advertising, Ted has been recognized in Forbes, Entrepreneur, and the ABA Journal. He speaks at industry conferences on marketing and law firm management, sharing insights from his unique background to help other firms grow. When not working, Ted enjoys traveling, diving, and dog-sitting golden retrievers.
