A passenger in a vehicle involved in a traffic accident can claim compensation from the at-fault driver, whether that driver was operating the vehicle in which the passenger was traveling or the other vehicle involved, as well as from the corresponding insurance companies.
In the event of a traffic accident, the first issue to be determined is the cause of the accident, in order to assign responsibility to the at-fault driver.
But what about the other passengers of a car, motorcycle, or even a bus, who at the moment of the collision had no control over the vehicle and therefore bear no responsibility for its movement?
It should be emphasized that passengers in a vehicle involved in a traffic accident are entitled to compensation from the at-fault driver, regardless of whether they were injured. Naturally, the existence of an injury increases the amount of compensation the passenger may claim and further strengthens the need to pursue legal action for the passenger’s recovery.
In short, if someone is a passenger in a vehicle involved in an accident, they can claim compensation from the at-fault driver—whether it is the driver of the vehicle they were in or the driver of the other vehicle—and from the respective insurance companies for all damages suffered. If there is shared fault between the two vehicles, the passenger may pursue claims against both insurance companies and both vehicles, and may be fully compensated either by both or by one, depending on the court’s decision.
Specifically, a passenger can claim reimbursement for all expenses resulting from the traffic accident (hospitalization, medications, any lost income), as well as moral damages for injury and suffering.
If no physical injury occurred, the passenger may still claim a monetary amount for moral damages suffered.
It should be noted that all these rights can only be exercised through the submission of a properly drafted lawsuit, in which all circumstances of the accident and the damages suffered by the passenger must be detailed comprehensively. In every case, before filing the lawsuit and at the time the incident is recorded by the traffic police, the passenger must declare both their injury and their intention to seek civil compensation for their damages.
Finally, it should be emphasized that even though the passenger has no responsibility for the circumstances of the accident, they are not always entirely free of liability.
In many cases, contributory negligence has been attributed to the passenger—for example, if they were not wearing a seatbelt or helmet—reducing the compensation they would otherwise receive.
Contributory negligence may also arise if the passenger knowingly boarded a vehicle whose driver was under the influence of alcohol or drugs, or did not have a valid driver’s license.
Additionally, if it can be shown that the driver was generally careless or consistently engaged in reckless and dangerous driving, the passenger may bear some responsibility—not for causing the accident, but for their own injury—on the grounds that they accepted the risk of being involved in an accident.
All of the above are always assessed on a case-by-case basis by the competent court, according to the evidence available to the judge.
