Passenger Injured in a Car Accident in Pennsylvania

If you were a passenger injured in a car accident in Pennsylvania, you start from a strong position. Passengers are rarely to blame for a crash, which removes the biggest fight insurance companies pick with drivers. The harder questions are which insurance policies pay and how to use them without straining a friendship or a family relationship.

Flager Law has represented injured passengers in Bucks County, Montgomery County and Philadelphia since 1990. This guide explains your options, how Pennsylvania insurance rules apply to passengers, and the steps that protect your claim. For a wider view, see our car accident practice page.

Who Pays Your Medical Bills First

Pennsylvania auto policies include first party medical benefits, at least $5,000 per person. These pay your bills no matter who caused the crash. As a passenger injured in a car accident in Pennsylvania, you look to policies in a set order:

• First, a policy where you are the named insured.
• Next, a policy belonging to a relative you live with.
• Then, the policy on the car you were riding in.
• Last, the state’s assigned claims plan if no policy applies.

For example, a Philadelphia renter who does not own a car and lives alone would usually turn to the policy on the car they were riding in. Your health insurance can cover what remains. We coordinate these payers so bills get paid and do not land in collections while you heal, whether you live in Bucks County, Montgomery County or the city.

You Can Claim Against Either Driver

As a passenger injured in a car accident in Pennsylvania, your claim for pain and suffering, lost wages and other losses comes from the at-fault driver’s liability insurance. That may be the other driver, the driver you rode with, or both. Pennsylvania follows a modified comparative negligence rule, but as a passenger you were not driving, so fault is rarely held against you. Two-car crashes at busy intersections, from Route 1 in Bucks County to Route 309 in Montgomery County, often leave both drivers partly at fault. When that happens, we file against both policies at the same time so your recovery is not stuck while the insurers argue.

Many people hesitate to make a claim when a friend, spouse or relative was behind the wheel. In most cases the claim is paid by that driver’s insurance company, not out of their pocket. We handle these cases with care and discretion.

How Limited Tort Works for a Passenger Injured in a Car Accident in Pennsylvania

Limited tort can restrict a claim for pain and suffering unless the injury is legally serious. As a passenger, the tort option that applies to you comes from your own household’s insurance, not from the driver’s policy. If you own a car with limited tort, that choice usually follows you into someone else’s car. If you live with a relative whose policy covers you, their choice applies. If you do not own a car and are not covered by a household policy, you are treated as full tort.

We check the declarations page of every policy in your household at the first meeting, so there is no guesswork about which rule applies. Our post on the difference between full tort and limited tort car insurance explains the choice in more detail. Limited tort also does not restrict your claim when the at-fault driver is convicted of DUI or was driving a car registered in another state.

When the At-Fault Driver Has Little or No Insurance

Pennsylvania only requires $15,000 per person in bodily injury coverage, which rarely covers a serious injury. Underinsured motorist coverage on your own policy or a household policy may add more. If the driver had no insurance or fled, uninsured motorist coverage may apply. See our guide on handling an accident with an uninsured driver or a hit and run. Pennsylvania stacking rules can also add coverage from more than one policy in the right situation.

Rideshare, Taxi and Seat Belt Questions

If you were riding in an Uber, Lyft or taxi, larger commercial policies usually apply. Our page for a passenger injured in an Uber, Lyft or taxi covers those claims.

Under Pennsylvania law, not wearing a seat belt generally cannot be used as evidence that you were negligent. Buckling up still matters for your safety, and our post on why Philadelphia passengers must buckle up shows how much it lowers the risk of serious injury.

Mistakes That Hurt Passenger Claims

These mistakes can weaken the claim of any passenger injured in a car accident in Pennsylvania:

• Giving a recorded statement to an adjuster before talking with a lawyer.
• Downplaying pain at the scene or at the hospital out of politeness.
• Waiting days to see a doctor.
• Signing a release or accepting a fast check.

Pennsylvania gives most injured passengers two years from the crash to file a lawsuit. Our page on the personal injury statute of limitations in PA covers the exceptions.

Talk to a Lawyer Who Treats You Like Family

If you were a passenger injured in a car accident in Pennsylvania, Flager Law can sort out every policy and handle the calls for you. We represent passengers across Bucks County, Montgomery County and Philadelphia from offices in Trevose, New Hope and Philadelphia. If you cannot come to us, we will come to you, at home or in a hospital room. No journey is too far. Call (215) 953-5200 or request a free case evaluation. You pay nothing unless we win. You are more than a client. You are family.

Frequently Asked Questions

Can I make a claim against the driver of the car I was riding in?

Yes. If the driver you rode with caused the crash, you can claim against their liability insurance. The insurance company usually pays, not your friend or family member personally.

Whose insurance pays my medical bills if I was a passenger?

First party medical benefits pay first, in a set order. Your own policy comes first, then a policy of a relative you live with, then the policy on the car you were in. Health insurance can cover the rest.

Does limited tort apply to me as a passenger?

It depends on your household. If you own a car with limited tort, it usually applies to you as a passenger. If you have no car and no household policy covers you, you are treated as full tort.

What if the at-fault driver has no insurance or not enough?

Uninsured or underinsured motorist coverage on your own policy or a household policy may help. Pennsylvania stacking rules can add coverage from more than one policy. A lawyer can check every policy that may apply.

How long does a passenger have to file a claim in Pennsylvania?

Most passengers have two years from the date of the crash to file a lawsuit. Claims involving a government vehicle can require notice within six months. Calling early protects evidence and your options.