What Options Do Passengers Have When Injured in a Car Crash?

 Posted on October 22, 2026 in Car Accidents

If you are injured as a passenger in a car accident in 2026, you have the right to seek compensation from the driver responsible for the crash. This includes the driver of the vehicle you were riding in. However, determining which insurance company should pay for your injuries can be difficult, especially when the drivers disagree about who was at fault.

Our Prince William County, VA car accident attorneys will help you navigate the options available to you.

Whose Insurance Pays for a Passenger’s Injuries in Virginia?

The responsible driver’s liability insurance is a source of compensation for your injuries. That driver could be the person who was driving your vehicle or someone in another car.

For example, if another driver runs a red light and hits the car you are riding in, your claim would be against that driver. If your own driver caused the collision by speeding through the intersection, their liability coverage could apply instead.

When both drivers contributed to the crash, claims against both deserve review. You do not have to accept either insurer’s attempt to place all responsibility on the other driver.

How Can an Injured Passenger Pay Medical Bills While Virginia Drivers Dispute Fault?

You do not have to wait for the drivers’ insurers to agree on fault before seeking payment through other available coverage. Medical expense coverage, often called MedPay, pays covered treatment bills regardless of who caused the crash, up to the policy limit.

Check whether the vehicle you occupied had MedPay coverage. Your own auto policy could also provide benefits while you are riding in another vehicle.

Health insurance provides another way to cover treatment, subject to your plan’s deductibles and other requirements. Some health plans have repayment rights if you later receive an injury settlement, so those obligations need review.

What if the Virginia Driver Has No Insurance or Not Enough Coverage?

If the driver who caused the crash has no insurance, you can seek payment through uninsured motorist coverage. If their insurance falls short of your losses, underinsured motorist coverage could help cover the remaining amount.

As a passenger, you qualify for this protection under the policy covering the vehicle you occupied, as provided by Virginia Code § 38.2-2206. Your own auto policy could provide another source of coverage.

Payment is subject to the applicable policy limits. Have all available coverage reviewed before accepting a settlement from the responsible driver’s insurer so you do not give up access to additional benefits.

What Happens if Several People Are Injured in the Same Virginia Crash?

Several injured people might need to seek payment from the same liability policy. Most policies have a limit for each injured person and a separate total limit for everyone injured in one accident.

For policies effective on or after January 1, 2025, Virginia’s minimum bodily injury limits are $50,000 per person and $100,000 per accident. Drivers are permitted to carry higher limits.

For example, a policy with those minimum limits would not provide $50,000 each to three injured passengers. The $100,000 accident limit would restrict the total available for all covered bodily injury claims.

The money is not automatically divided equally. The injuries and claims involved require review, along with any additional insurance that could provide compensation.

What Compensation Can an Injured Passenger Recover in Virginia?

An injured passenger can seek compensation for financial losses and the personal effects of the injuries. A claim could include:

• Medical expenses, including supported costs of future treatment
• Lost income from time away from work
• Reduced earning ability caused by lasting injuries
• Physical pain and mental anguish
• Scarring, disfigurement, and inconvenience

The amount sought should reflect how the crash affected you. Two passengers in the same vehicle could have very different claims because their injuries and recovery needs differ.

How Long Does a Passenger Have to File a Virginia Injury Lawsuit?

Under Virginia Code § 8.01-243, most car accident injury lawsuits must be filed within two years after the injury. Exceptions apply, including rules affecting injured children. Negotiating with an insurer does not pause that deadline. A dispute between drivers about fault also does not give you extra time to file. Filing a lawsuit to protect your rights does not mean the case must end in a trial. Settlement discussions often continue after filing.

Contact a Prince William County, VA Car Accident Lawyer

An injured passenger should not be left sorting through competing insurance claims alone. At Locklin & Coleman, PLLC, our attorneys will investigate the crash and pursue compensation for your injuries.

Attorneys Kevin Locklin and Brian Coleman both have backgrounds in insurance defense and bring more than 60 years of combined experience to the practice. Contact our Manassas, VA car accident attorneys or call 703-392-6686 for a free consultation. Home, hospital, and virtual consultations are available, and we offer contingency fee billing. That means you only pay attorney’s fees if we win.