If you were injured as a passenger in an Arizona car accident, you may be wondering the same question many people ask: “Do I even have the right to file a claim if I wasn’t the driver?”
The short answer is yes, and, in fact, passengers often have some of the strongest personal injury claims because they rarely share any fault for the crash. But knowing who to file a claim against, which insurance policies may apply, and how to protect your rights can be confusing without legal guidance.
You don’t have to go through the process alone. With over 25 years of experience, Jeff GOULD Law is the Attorney in YOUR Corner. Our firm helps injured passengers (and drivers) navigate the claims process, deal with insurance companies, and pursue the compensation they deserve for medical bills, lost income, pain, and suffering. This article will inform you of the more important things you need to know if you were hurt as a passenger in a car accident in Arizona.
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Understanding Your Rights as an Injured Passenger
As a passenger, you are almost never considered at fault or liable for an accident. This gives you a strong legal position when pursuing compensation for your injuries. Under Arizona law, passengers have the right to file a claim against any negligent party, including:
- The driver of the vehicle you were riding in
- Drivers of other involved vehicles
- Multiple drivers (comparative liability)
- Commercial or rideshare drivers
- Government entities (in certain cases)
Even if you know the at-fault driver personally or if they are a friend, coworker, or family member: you are typically filing a claim against their insurance and NOT against them individually. Many passengers hesitate because they “don’t want to cause problems” for someone they care about. But this is why insurance exists: to protect injured people when accidents happen. If you’ve been injured, understanding who may be responsible is the first step.
Who Can You File a Claim Against?
Every crash is different, but most passenger injury claims fall into one or more of these categories:
1. The Driver of the Vehicle You Were In
If the driver of your car caused the accident, whether by speeding, distraction, or simply a momentary mistake, you have the right to file a claim with their insurance provider.
This includes situations like:
- Your driver rear-ends someone due to looking at their GPS
- The driver takes a turn too fast in snowy or icy conditions
- A driver hits a parked vehicle or fixed object
Again, the claim is against their insurance, not them personally. Most drivers expect their insurance to cover injuries in situations like this.
2. Another Driver on the Road
If another driver caused the crash, you would file your claim with that driver’s insurance company.
Examples include:
- A driver who runs a red light
- Someone who rear-ends the vehicle you were in
- A driver who makes an unsafe lane change
If multiple drivers have comparative fault, you may be able to file claims against each of them, depending on the circumstances.
3. Both Drivers (Comparative Fault Cases)
Arizona follows a pure comparative negligence rule. This means fault can be shared between multiple drivers, and each insurance company may cover a portion of your damages.
For example:
- Your driver was going slightly over the speed limit
- The other driver failed to yield
- In cases like this, you may be compensated from both policies.
4. Rideshare Drivers (Uber/Lyft)
If you were a passenger in an Uber or Lyft at the time of the accident, you may be covered by:
- The rideshare driver’s personal auto insurance
- Uber or Lyft’s $1 million policy (if the ride was active)
- The at-fault driver’s insurance
Rideshare claims can involve multiple layers of coverage, which makes having legal guidance extremely important.
5. Commercial or Work Vehicles
If you were in a taxi, shuttle, delivery vehicle, or company car, the business’s commercial insurance may apply. Commercial policies usually carry higher limits, which can be helpful in more severe injury cases.
6. Government Entities
If the accident involved:
- A city bus
- A county vehicle
- A police or emergency vehicle
- A poorly maintained public roadway
You may have a claim against a government agency. However, special rules apply.
Under ARS 12-821.01, you must file a Notice of Claim within 180 days of the accident, or you may lose your right to recover damages entirely. Because these claims are time-sensitive and highly technical, contacting an attorney immediately is crucial.
What Types of Compensation Can Injured Passengers Seek?
As an injured passenger, you may be entitled to compensation for:
- Medical bills
- Future medical care
- Lost income
- Diminished earning capacity
- Pain and suffering
- Emotional distress
- Scarring or disfigurement
- Permanent disability
- Loss of enjoyment of life
In cases involving long-term injuries, it’s especially important to avoid settling too quickly. Once you accept an insurance offer, your claim is typically closed forever, even if you later require surgery, additional treatment, or long-term therapy. An attorney evaluates the full impact of your injuries and helps ensure you don’t settle for less than what you truly need.
Insurance Policies That May Cover Passenger Injuries
One of the most confusing parts of being an injured passenger is figuring out which insurance policy applies. In many cases, multiple policies may offer coverage.
Here’s how that usually breaks down:
1. The At-Fault Driver’s Liability Insurance
This is typically the first source of compensation. Arizona requires drivers to carry minimum liability insurance, which covers injured passengers in most cases.
2. The Driver You Rode With (If They Were Not at Fault)
If the driver of the vehicle you were in was not at fault, but the at-fault driver is uninsured or doesn’t carry enough coverage, you may be able to use:
- Uninsured Motorist (UM) coverage
- Underinsured Motorist (UIM) coverage
These policies often help passengers when other drivers lack adequate coverage.
3. Your Own Auto Insurance (UM/UIM)
Even though you weren’t driving, your personal UM/UIM coverage can sometimes apply if the driver who caused the crash was uninsured or underinsured. Many people don’t realize that their own policy may protect them even when they’re not behind the wheel.
4. MedPay (Medical Payments Coverage)
If the driver you were with carries MedPay, it may help pay your medical bills regardless of fault. Your own MedPay (if you have it) may also help.
Common Concerns Passengers Have — And Why They Shouldn’t Delay
Passengers often face concerns such as:
“I don’t want to sue my friend or family member.”
(You’re filing a claim with their insurance, not suing them.)
“It feels awkward to say I’m injured.”
(Soft tissue injuries, whiplash, headaches, and back pain often worsen days or weeks later.)
“I don’t want to make things complicated.”
(Insurance companies handle the process; you deserve fair compensation.)
Waiting too long can weaken your claim. Evidence fades. Witnesses forget details. Injuries become harder to link to the crash. Acting quickly protects your legal rights and helps ensure you get the support you need.
Never Accept the First Offer Without Legal Guidance
As with any personal injury case, insurance companies may:
- Lowball you
- Ask for recorded statements
- Search your medical history
- Delay responses
- Argue that you are exaggerating
- Blame another party to reduce what they owe
Their priority is to protect their bottom line, not to ensure you recover fully. A personal injury attorney levels the playing field by handling communication, submitting evidence, negotiating aggressively, and advising you on the right time to settle.
When Filing a Lawsuit May Become Necessary
Most passenger injury claims settle through insurance without ever going to court. But sometimes, filing a lawsuit is the only way to seek fair compensation, especially in cases involving:
- Severe injuries
- Long-term or permanent disability
- Disputes between insurance companies
- Low policy limits
- Government entities
- Commercial vehicles
Filing a lawsuit does not guarantee a trial. Many cases settle during litigation, once insurers realize your attorney is prepared to fight for you. With Jeff GOULD Law, the Attorney in YOUR Corner, you won’t navigate this alone. You’ll have guidance, support, and a full understanding of your options at every step.
Call a Personal Injury Attorney Today
Were you or a loved one injured as a passenger in a car accident in the Oro Valley, Marana, or Tucson area? You don’t have to figure out liability, insurance coverage, or legal deadlines on your own. And you don’t have to let an insurance company push you into an unfair settlement.
You deserve an experienced advocate to help you seek the maximum compensation for your injuries, medical bills, lost income, and long-term needs.
Don’t DELAY: Call Jeff GOULD Law, the Attorney In YOUR Corner – TODAY!
DISCLAIMER: The information on this blog/site is not intended to be legal advice. It is for general informational use only. You should consult an attorney for advice regarding your situation. Further, this information does not create an attorney-client relationship.