I Was a Passenger in a Car Accident: Which Driver Do I Sue?

By Yosi Yahoudai Founder and Managing Partner

October 31, 2025

Car Accidents

If you were a passenger injured in a car accident, you’re likely asking one of the most common questions we hear at J&Y Law: 

“Which driver do I sue?” 

The truth is, you may be entitled to pursue both. Here’s why and how. 

Can You Sue Both Drivers as a Passenger?

Yes. If you’re injured as a passenger in a two-car crash, you can file claims against both drivers – especially when fault is disputed. That’s what happened in a recent case here at J&Y Law. As Pre-Litigation Managing Attorney Arthur Dermendjian shared: 

“Client comes in. She’s injured as a passenger in a vehicle. Two sides of the story. Each car is blaming the other. What do we do? We go after both of them.” 

This strategy paid off. One insurance company settled quickly. The other offered a lowball, hoping we’d cave. 

“They thought we’d bend the knee,” says Dermendjian. “We didn’t. We got maximum policy limits from both. The client walks away happy.” 

Do Passengers in Car Accidents Have Legal Rights?

Absolutely. If you’re a passenger, you have the same right to injury compensation as anyone else hurt due to someone’s negligence. Whether the at-fault party was your driver, the other driver, or even both, you’re legally entitled to: 

• Medical expenses 

• Pain and suffering 

• Lost wages 

• Future care costs 

What If the Driver Was a Friend or Family Member?

Many clients hesitate to sue if the driver is someone they know. But as Dermendjian explains, it’s not personal: 

“You’re not going after the drivers personally. You’re going after their insurance companies. And that’s what we do best.” 

Your friend or family member pays for coverage for this exact reason. You shouldn’t suffer financially just because you care about the person behind the wheel. 

What If Both Drivers Are Blaming Each Other?

In many passenger injury cases, drivers point fingers. That opens the door for dual claims. At J&Y Law, we specialize in identifying all available coverage layers, even those that insurance companies hope you never find. We investigate every angle: 

• Police reports 

• Witness statements 

• Surveillance footage 

• Black box data 

• Past claims history 

“No stone unturned here at J&Y Law,” says Dermendjian. “This one was a big win.” 

Are There Age Limits for Passenger Injury Claims?

No matter your age, if you were injured in a car accident as a passenger, you may have a claim. That includes: 

• Children (with parents filing on their behalf) 

• Teenagers 

• Adults 

• Seniors 

According to the National Highway Traffic Safety Administration (NHTSA), over 2.5 million passengers are injured in motor vehicle accidents in the U.S. each year, with many of them under the age of 25. 

Can Multiple Passengers File Claims?

Yes. If multiple passengers were hurt in the same crash, each one may be able to file an individual claim. However, available insurance coverage may be split across those claims, making it critical to act quickly. 

When Should You Call a Lawyer?

As soon as possible. Insurance companies act fast, and they often try to minimize what they owe. Getting a lawyer on your side early means we can preserve evidence after a car accident, prove liability, and fight for maximum compensation while you focus on recovery. 

At J&Y Law, We Win Big for Injured Passengers

Our results speak for themselves. We’ve handled over 10,000 injury cases with a 98% success rate, recovering tens of millions for passengers just like you. 

If you were injured as a passenger in a car crash – even if fault is unclear – don’t guess, and don’t settle for less. 

Call J&Y Law at (877) 735-7035 or contact us online for a free consultation. We don’t get paid unless we win.