What to Do as an Injured Passenger
Key Takeaways
Injured passengers have the right to pursue compensation and may be able to file claims against more than one driver or insurance policy.
Taking early steps—like getting medical care, collecting information, and documenting the scene—can directly affect both your recovery and the strength of your claim.
Insurance companies may try to limit what they pay, so getting legal guidance before giving statements or accepting an offer can help protect your interests.
Many drivers have been in some kind of car accident in their lives, even if it’s just a minor fender bender. Because of this, most people know the standard requirements of exchanging insurance information and filing a basic claim. However, fewer people are clear on what to do if you were injured in a car accident as a passenger.
The claims process for the passenger differs slightly from the driver, and recovering expenses for a car accident as a passenger can be more difficult. Because of this, it’s extremely helpful for injured passengers to speak with a personal injury attorney to protect their right to fair financial compensation. If you're in Hawaii and need legal help, call our Honolulu, HI car accident lawyer today to schedule a free consultation with an experienced and compassionate advocate.
What Injured Passengers Should Do After an Accident
As an injured passenger, you still have rights and options for seeking compensation. Our firm often helps passengers who are unsure where to turn after a crash, and the steps you take early on can make a real difference in your recovery and your claim.
Get Medical Care Right Away
Your health comes first. Even if your injuries seem minor, you should be evaluated by a medical professional as soon as possible. Some injuries take time to show symptoms, especially neck, back, and head injuries. Prompt care creates a clear record that connects your injuries to the crash, which can be important later if an insurance company questions your claim. Follow all treatment instructions and attend any follow-up visits recommended by your provider.
Report the Accident and Collect Basic Details
If you are able, make sure the accident gets reported to the police and that an official report is created. Ask for the report number and the officer’s name. You should also collect the names, contact information, and insurance details of all drivers involved in the crash. If there are witnesses, get their contact information as well. As a passenger, you may not have all the information you need later, so gathering it early helps protect your claim.
If you were injured as a passenger and later learn that the driver did not have valid insurance, you may still have options for recovering your losses. In our blog on the Hawaii Joint Underwriting Plan (HJUP), we explain how this state program can provide coverage for medical bills, lost income, and other damages when traditional insurance is not available. Reviewing that information alongside the steps outlined here can help you better understand all available paths to compensation.
Document What You Can
Take photos of the scene if it is safe to do so. Capture the vehicles, damage, road conditions, traffic signs, and any visible injuries. Keep copies of your medical records, bills, and any receipts related to your care. It can also help to keep a simple journal describing your symptoms and how they affect your daily routine. These records can help show the full impact of the accident on your life.
Get Legal Guidance Early
As a passenger, your case may involve multiple drivers, policies, and coverage limits. Speaking with a car accident attorney early on in the process can help you avoid common mistakes and focus on your recovery. We can handle communications with insurers, gather the right evidence, and work toward a fair outcome on your behalf while you focus on getting better.
Know That You May Have More Than One Claim
Passengers are rarely at fault for a crash. Because of that, you may have a claim against more than one insurance policy. This could include the driver of the vehicle you were in, the other driver involved, or both. Hawaii’s no-fault system may cover your initial medical expenses, but you may also be able to pursue additional compensation depending on your injuries and the facts of the crash. We can review your situation and explain which policies may apply to you.
Understand Potential Passenger Liability
Hawaii also follows a “modified comparative fault” law which states that liability in a car accident can be shared among parties. When fault is shared, the amount the injured party receives in damages will be adjusted to match their percentage of blame.
For example, if one driver was found to be 20% responsible for an accident and pursued a lawsuit with the other driver, the final settlement they receive would be reduced by 20% (ex: if the judge decided on a settlement amount of $30,000, the driver would only receive $24,000).
In most cases, fault is only shared by the two drivers, but there are instances where a passenger could also be found liable. For example, if it was determined that a passenger was distracting the driver at the time of the accident by showing them a video on their phone, they could hold a percentage of fault. Or, if the passenger somehow obstructed the driver’s vision so they weren’t able to avoid the accident, they can also be held at fault. And, like a driver, the passenger’s final damages would also be reduced to reflect their portion of liability.
Be Careful When Speaking With Insurance Companies
You may be contacted by one or more insurance adjusters soon after the accident. It is important to be cautious in these conversations. Stick to basic facts and avoid guessing about what happened or how badly you are hurt. Do not agree to give a recorded statement without first speaking with a lawyer. Insurance companies may look for ways to limit what they pay, and your words can be taken out of context.
Avoid Quick Settlement Offers
It is common for insurers to offer a quick payment in the days or weeks after a crash. These early offers are often lower than what your claim may actually be worth, especially if you still need medical care or time off work. Once you accept a settlement, you usually cannot ask for more later. Taking time to understand the full extent of your injuries and losses helps you make a more informed decision.
Experienced Guidance Is Here When You Need It Most
If you’ve recently been injured in a car crash as a passenger and would like to discuss your options for seeking compensation, contact us at Daniel T Pagliarini AAL in Honolulu, Hawaii, to speak with our client-recommended car accident attorney.
