What to Do If You’re Injured as a Passenger in a Car Accident

A passenger hurt in a car accident has the right to claim compensation. In fact, an injured passenger may be able to pursue compensation from more than one source after an Ontario motor vehicle accident. 

Injured passengers often find it challenging to determine what they’re entitled to claim and which auto insurance policy applies. The situation can be even more difficult when the passenger was in a vehicle owned or operated by a family member, co-worker, or friend. The thought of suing one of those people can be deeply unpleasant.  

The goal of today’s article is to clear up some uncertainty, explain who really pays for insurance claims, and provide helpful tips for injured passengers. For more information about passenger claims or to discuss how to proceed in your case, reach out to a Barrie or Collingwood car accident lawyer at Littlejohn Barristers today. 

Initial Steps for Passengers Hurt in a Car Crash 

Immediately after a car accident, the first steps are to ensure the safety of anyone involved and assess your injuries. The next step is to seek appropriate medical attention, whether it’s calling 911, going to the emergency room, or seeing your doctor as soon as possible after the crash.  

You should get medical attention even if you think your injuries are minor. Injuries can worsen in the days and weeks following the accident. Prompt medical assessment and treatment are essential to your health and recovery. Medical attention also documents the injures you suffered, which will strengthen your compensation claim. 

Additional steps to take in the aftermath of a car accident include:  

• Reporting the accident to police if injuries are significant or there is significant vehicle damage. A police report is required in Ontario for insurance purposes.  

• Collecting names, contact information, and insurance information of any other drivers or people involved in the motor vehicle accident (e.g. pedestrians, a bicycle operator).  

• Gathering names and contact information of any witnesses. 

• Documenting important evidence at the scene by taking photos or videos of vehicle damage, injuries, and important features such as road conditions, lighting, weather, debris, etc.  

• Report the accident to the appropriate auto insurance company or companies as soon as possible as there are tight deadlines for providing notice (see below for more on how to determine which insurer is responsible).  

You should also consider consulting an experienced personal injury lawyer to clarify your rights to compensation, particularly if fault/responsibility for the crash and resulting injuries is unclear. You’re welcome to contact a Barrie or Collingwood car accident lawyer at our law firm at any point following the accident to discuss your legal rights and find out what the next steps should be. 

Types of Passenger Injury Compensation Claims in Ontario 

A passenger who is injured in an Ontario car accident has the right to claim Statutory Accident Benefits, regardless of who caused the accident. Possible benefits include income replacement, rehabilitation/treatment services, and attendant care.  

It’s very unusual—but not impossible—for a passenger to bear responsibility for a motor vehicle accident. Barring unusual circumstances, that means a passenger has the right to bring a tort claim (a.k.a. a personal injury lawsuit) against any at-fault party in addition to a Statutory Accident Benefits claim.  

A personal injury lawsuit can provide compensation beyond what is covered by a Statutory Accident Benefits Claim. An injured passenger can claim damages in a civil tort action such as pain and suffering, medical and rehabilitation expenses, future care costs, and loss of future income.  

Which Auto Insurance Policy Covers an Injured Passenger?  

The answer to that question depends on the type of claim and whether the injured passenger has access to their own auto insurance coverage.  

Let’s talk about Statutory Accident Benefit claims first. The usual rule is that an injured passenger makes this type of claim under their own auto insurance policy (or the policy of their spouse or their parent, depending on the situation). An injured passenger must provide the insurance company with notice of the claim within 7 days of the accident.  

If the injured passenger does not have their own insurance or access to coverage through their spouse or parent, Ontario’s Insurance Act sets out a priority scheme for determining coverage. The auto insurance policy that covers the driver of the vehicle the passenger was riding in is the next in line. If that driver is uninsured, the injured passenger would then look to the auto insurance coverage held by drivers of other vehicles involved in the crash. As a last resort, an injured passenger may be eligible to file a Statutory Accident Benefits claim with Ontario’s Motor Vehicle Accident Claims Fund.  

Now, let’s talk about tort claims. An injured passenger also has the right to bring a civil lawsuit against any at-fault party to recover compensation. There are deadlines, known as limitation periods, that must be met or the right to bring a lawsuit may be lost forever.  

In a tort claim, the at-fault party or parties are named as defendants. For example, the defendant may be another driver, a municipal body responsible for road maintenance, and/or the driver of the car the passenger was travelling in. The situation can get awkward, if, for example, the passenger was riding in a vehicle being driven by their mother, father, spouse, parent, friend, etc.  

It’s important for injured passengers to understand that the lawsuit is actually against the defendant’s liability insurance policy. Assuming the defendant had adequate coverage in place and was not in breach of the policy, they won’t pay any part of the personal injury compensation from their own pocket. Their insurance company pays damages awarded in a successful lawsuit, whether it settles out of court or after a trial. The same is true for Statutory Accident Benefits paid out to an insured passenger who doesn’t have auto insurance coverage of their own.  

Guidance and Advice from a Top Rated Car Accident Attorney 

Barrie personal injury lawyers at Littlejohn Barristers can help you get the compensation you deserve if you’ve been injured as a passenger in a car accident. We are a dedicated team of knowledgeable professionals with over 30 years of combined experience.    

Contact us today at 705-725-7355 to set up free initial consultation with a Barrie or Collingwood car accident lawyer. We also proudly serve Midland, Orillia, and Innisfil clients and are here to help whether you’ve been injured in a car, truck, bicycle, or pedestrian accident.