Partner at AKD Lawyers
Practice Areas: Personal Injury, Insurance Claims
If you were injured while riding as a passenger in a car crash, you might be wondering what comes next. You didn’t cause the accident, but you’re left dealing with the pain, medical expenses, and unanswered questions. Who is responsible for covering your costs? Can you file a claim? And what if the driver doesn’t have insurance?
In Louisiana, passengers have clear legal rights—but getting the compensation you deserve isn’t always simple. Whether the crash happened in New Orleans or elsewhere in the state, understanding your options can make a big difference. New Orleans car accident lawyers can help injured passengers navigate the legal process, deal with insurance companies, and take the right steps quickly to protect their rights.
Understanding Your Rights as a Passenger
As a passenger, you’re rarely held responsible for causing a car accident. That means you’re usually entitled to seek compensation for your injuries regardless of which driver caused the crash.
In Louisiana, passengers injured in a car accident generally have the right to file a claim against the driver who caused the crash—even if it was their driver.
Louisiana follows an at-fault insurance system, meaning the driver responsible for the crash (or their insurance) must pay for injuries and damage. If both drivers share blame, the fault is divided, and you may be able to pursue both for compensation.
Who Pays for a Passenger’s Injuries After a Crash in Louisiana?
You can typically file a claim against the at-fault driver’s bodily injury liability coverage. If you’re injured, your damages may include medical bills, lost income, and pain and suffering.
Most insurance policies cover each injured person up to a limit. If several passengers are hurt, those funds may need to be split.
Louisiana follows a comparative fault system (Civil Code Article 2323), but this rarely impacts passengers unless they actively contributed to the cause of the accident.
If your driver was at fault, you can still file a claim against their policy. And if the other driver caused the crash, you’d file through their insurance instead.
What If the Driver Has No Insurance?
Unfortunately, not every Louisiana driver follows the law.
According to the Insurance Research Council, nearly 1 in 7 Louisiana drivers may be uninsured, making UM coverage crucial for injured passengers.
If the at-fault driver lacks coverage, you may still have options:
- Uninsured/Underinsured Motorist (UM/UIM): If you or the driver of your vehicle have this, it may cover you.
- MedPay: Medical payment coverage may cover immediate medical costs, regardless of fault.
- Health Insurance: Your health policy can step in—but you may have to repay them later from your settlement.
In these cases, a personal injury lawyer can help you find all available policies and ensure that claims are filed properly.
What to Do After a Car Accident as a Passenger
Even if you didn’t cause the crash, what you do right afterward matters. Here’s how to protect yourself and your claim, and when consulting experienced New Orleans car accident lawyers can make a critical difference.
Report the Crash
Always make sure the accident is reported to the police. A police report is often key to proving what happened. If you leave the scene to get medical care, ask someone to make sure your name is on the report.
Louisiana law (RS 32:398) requires anyone involved in a crash to remain at the scene and provide information unless they need emergency care.
Cooperate With the Police
If officers arrive, give an honest and transparent statement. If you didn’t see what happened, that’s okay—don’t guess. If you did notice something important, like a driver running a red light, share it.
Get Medical Help
You may feel fine, but injuries like concussions or soft tissue damage don’t always show up right away. See a doctor as soon as possible. Their notes help tie your injuries to the crash.
Keep Records
Take photos of the crash scene if you can. Get names of witnesses. Save all your medical bills, test results, and doctor’s notes.
Can a Passenger Leave the Scene of an Accident?
Generally, you should stay at the crash site unless you need medical care. If you leave, make sure your name is included in the police report and that officers know how to reach you.
A passenger may leave for medical reasons but should identify themselves or be identified by others. Leaving without cause may complicate injury claims.
Filing a Passenger Injury Claim in Louisiana
As an injured passenger, you can file a personal injury claim just like a driver could. You typically have one year from the date of the accident to take legal action under Louisiana Civil Code Article 3492.
You may be able to file against:
- The driver of your vehicle
- The driver of the other vehicle
- Both, if both share fault
The biggest challenge often comes when multiple passengers are hurt. In those cases, everyone may be trying to get compensation from the same insurance policy. That’s when legal help can make a big difference.
Insurance Coverage Options for Injured Passengers in Louisiana
|
Coverage Type |
Who Provides It |
What It Covers |
| Bodily Injury Liability | At-fault driver’s auto insurance | Medical costs, lost wages, pain and suffering |
| Uninsured/Underinsured Motorist (UM/UIM) | Passenger’s or driver’s policy | Covers if at-fault driver has no or insufficient insurance |
| Medical Payments (MedPay) | Passenger’s own insurance (if applicable) | Covers immediate medical costs, regardless of fault |
| Health Insurance | Passenger’s health insurer | May cover treatment after crash, subject to reimbursement |
FAQs
Can I file an insurance claim if I was a passenger in the accident?
Yes. Passengers can file claims against the at-fault driver’s insurance policy, even if that driver was operating the vehicle you were in.
What if both drivers were partially at fault?
You may be eligible to file claims against both. Your compensation could be split based on each driver’s share of the blame.
Can I still get compensated if the at-fault driver doesn’t have insurance?
Yes, through your own UM/UIM policy or your driver’s coverage, depending on your policy details and the accident circumstances.
Should I get medical care even if I don’t feel hurt right away?
Yes. Some injuries develop slowly. Medical records also help document your injuries, which is essential for your claim.
How long do I have to file a passenger injury claim in Louisiana?
You typically have one year from the date of the accident to file a claim, so it’s best to start the process quickly.
Conclusion
If you’ve been injured as a passenger in a car accident, you’re likely facing pain, confusion, and mounting bills—all for something you didn’t cause. In Louisiana, the law gives you the right to pursue compensation, but insurance companies may not always make it easy.
The outcome of any case depends on its specific facts. Past results do not guarantee future outcomes.
To protect your rights and pursue full compensation, speak with a legal team that understands the law and fights for those injured through no fault of their own. Please make an appointment for a free consultation with Alvendia, Kelly & Demarest Law Firm right now to find out how they can support your future.
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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.
