Partner at AKD Lawyers
Practice Areas: Personal Injury, Insurance Claims
If you were hurt as a passenger, you are dealing with medical bills and stress over a crash you did not cause. The frustrating part is figuring out which insurance actually pays. In Louisiana, passengers have clear rights and often several sources of compensation, but the layers can get confusing fast.
A New Orleans auto accident injury lawyer can map out exactly which policies apply to your crash, but understanding the basics first helps you protect your health and your recovery. This guide focuses on the coverage options for injured passengers. For a broader look at non-driver rights, see our guide to passenger and non-driver injury rights.
Why passengers are rarely at fault
A passenger usually has no control over how a vehicle is driven, which is why they are rarely blamed for a crash. Under Louisiana’s at-fault system, the driver who caused the collision, or that driver’s insurer, is generally responsible for the passenger’s injuries and other losses.
When two or more drivers share responsibility, Louisiana’s comparative fault rule under La. Civ. Code art. 2323 divides fault by percentage. For crashes on or after January 1, 2026, compensation is reduced by a person’s share of fault and barred at 51% or more.
Since passengers are seldom assigned fault, they may be able to claim against one driver’s policy or both policies when responsibility is split.
The insurance options that may apply
Several coverages can come into play after a crash. Knowing them helps you find every available source of compensation.
- Bodily injury liability. The at-fault driver’s insurance pays for your medical costs, lost wages, and pain and suffering up to the policy limit.
- Uninsured/underinsured motorist (UM/UIM). If the at-fault driver has no insurance or not enough, UM/UIM coverage can fill the gap. It may come from your own policy or the driver’s.
- MedPay. Medical payments coverage helps with immediate medical bills no matter who caused the crash.
- Health insurance. If nothing else applies, your health insurer may step in, though you might have to repay those costs out of a later settlement.
| Coverage | Who provides it | What it covers | When it applies |
|---|---|---|---|
| Bodily injury liability | At-fault driver’s insurer | Medical costs, lost wages, pain and suffering | When another driver is at fault |
| UM/UIM | Your or the driver’s policy | Injuries from uninsured/underinsured drivers | When the at-fault driver lacks enough coverage |
| MedPay | Your own insurance | Immediate medical expenses | Regardless of fault |
| Health insurance | Your health insurer | Ongoing treatment | Secondary; may require reimbursement |
A significant share of Louisiana drivers carry no insurance, which is exactly why UM/UIM coverage matters so much for passengers. And here is a detail many guides skip: when several passengers are hurt in the same car, they share the at-fault driver’s policy limits, so filing promptly and identifying every available coverage is critical.
Steps to Take as an Injured Passenger
You may not have caused the crash, but what you do afterward can still affect your claim.
- Make sure the crash is reported. Under La. R.S. 32:398, crashes involving injury, death, or more than $500 in damage must be reported. If you leave for medical care, check that your name appears in the police report.
- Share only what you know. Cooperate with the police and give accurate details. Do not guess about anything you did not see.
- Seek medical care promptly. Headaches, stiffness, or soreness may point to a concussion or soft-tissue injury, even if you felt fine at first.
- Save your records. Keep medical bills, prescriptions, test results, discharge papers, and photos from the scene.
These records can help connect your injuries to the crash and show how they affected your recovery.
Deadlines and Special Situations
For crashes on or after July 1, 2024, the general filing deadline is two years from the date of injury under La. Civ. Code art. 3493.11. Some facts may change that deadline. Claims involving children also follow a different timeline because the filing period is suspended during childhood.
Insurance coverage may also depend on how the crash happened:
- Multi-vehicle crashes: More than one driver may share fault, so several insurance policies could apply.
- Rideshare crashes: Uber and Lyft passengers may have access to different coverage based on the driver’s app status.
- Minor passengers: A parent or legal guardian must bring the claim for the child.
Passenger claims can look simple at first, but the deadline, number of drivers, and available policies may all change how the case is handled.
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Frequently Asked Questions
Can a passenger file a claim if both drivers are partly at fault?
Yes. Louisiana’s comparative fault system lets passengers recover from both drivers based on each one’s share of responsibility.
What if the at-fault driver has no insurance?
You can turn to UM/UIM coverage under your own or the driver’s policy, or rely on MedPay or health insurance.
How long do passengers have to file a claim?
Generally, two years from the date of injury for crashes on or after July 1, 2024 (La. Civ. Code art. 3493.11).
What if several passengers are hurt in the same car?
All can file, but they share the at-fault driver’s policy limits, so acting promptly matters.
Do passengers need to appear in the police report?
Yes. It confirms you were in the vehicle and links your injuries to the crash.
Talk to a New Orleans Car Accident Lawyer
As a passenger, you should not get stuck with bills for a crash you did not cause. Alvendia, Kelly & Demarest can identify every policy that applies and help you pursue full compensation. Call (504) 200-0000 for a free consultation.
There is no fee unless we win. Get in touch today. Reviewed by J. Bart Kelly, III, Partner at Alvendia, Kelly & Demarest.
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In 2003, after being dissatisfied with the quality of legal care for victims of car accidents, Roderick ‘Rico’ Alvendia sought to establish a new firm focused on providing high-quality legal services to aid injured victims and their families. J. Bart Kelly, sharing Rico’s passion for upholding justice, joined the firm later that year, and established a partnership.
