I Was a Passenger in a Car Accident. Who Do I Sue in Colorado?

If you were a passenger in a car accident in Colorado, your claim is against the driver who caused the crash. That can be the driver of the car you were riding in, the other driver, or both of them. The money usually comes from that driver's liability insurance, not from the driver personally. If the at fault driver has little or no insurance, uninsured motorist coverage on the car you were in, or on your own insurance policy, may cover the gap.

That is the short answer. Most people asking "I was a passenger in a car accident, who do I sue?" are also worried about something more personal. Maybe the driver was a friend, a spouse or a parent. Maybe the medical bills are already arriving. Maybe you have no idea which insurance company to call. This post walks through how Colorado law treats an injured passenger and what you can do about it now.

I was a passenger in a car accident: who do I sue?

In Colorado, a personal injury claim goes against whoever was negligent. In a car crash, that usually means a driver who was speeding, following too closely, looking at a phone, running a light or driving impaired. As a passenger in a car you were not controlling either vehicle, so in most cases you are not the one who caused the crash. That puts you in a stronger position than either driver.

The work is in identifying every party who contributed to the crash. There may be one at fault party or several. Before anyone files a car accident claim, someone has to look at the police report, the damage to the vehicles involved, witness statements and anything recorded at the accident scene, and work out who did what and where the accident occurred.

Can a passenger sue the other driver?

Yes, and it is the simplest situation. If another driver ran a red light or rear-ended the car you were in, a passenger can sue that driver or, more often, make a claim against the other driver's insurance policy. Colorado requires every driver to carry liability insurance, and that liability coverage exists to pay people the driver hurts, passengers in other cars included.

You do not need the driver of your car to make the claim for you. Your personal injury claim is your own. You can report it to the at fault driver's insurance company directly, and you do not have to wait for the drivers involved to settle their property damage.

When the driver of the vehicle you were in caused the crash

This is where people hesitate. Nobody wants to sue a friend or a family member. Remember why the driver carries insurance, though. When the driver of the vehicle you were riding in caused the crash, your claim is almost always a request for their insurance carrier to do what the driver paid it to do. The claim goes against the driver's insurance policy, the insurer handles it and pays it, and in most cases the driver does not pay out of their own pocket.

The details depend on the wording of that driver's insurance policy. A personal injury lawsuit only comes into it if the insurer will not offer fair compensation. Even then, the insurer usually provides and pays for the driver's defense. We understand why this feels awkward. Still, giving up a claim out of politeness can leave you paying for an injury someone else's coverage was meant to pay for.

When both drivers share fault

Plenty of crashes have more than one cause. One driver was speeding, and the other turned left without enough room. When the drivers share fault, an injured passenger can usually pursue compensation from both the driver of their own car and the other driver.

This matters in Colorado for a specific reason. Under C.R.S. 13-21-111.5, each defendant generally pays only its own percentage of fault, not the whole bill. A defendant can also name someone who is not in the case as partly at fault, and that share can come off what the defendant owes. So if a passenger brings claims against only one of multiple drivers who caused a crash, part of the loss may go unpaid. That is why we think a passenger's claim should start by looking at every driver involved, not only the most obvious one.

Our post on how Colorado's comparative negligence rule works explains how fault percentages are assigned and why they change the amount.

Other parties who may be responsible

Sometimes the drivers are not the only liable parties. Depending on how the auto accident happened, a passenger might also pursue claims against:

• An employer, if the at fault driver was working at the time, for example making deliveries or driving a company vehicle.
• A rideshare company's insurer, if you were riding in an Uber or Lyft. Those trips carry their own layers of coverage, which we explain on our rideshare accident page.
• A vehicle owner who lent the car to someone they knew was unsafe to drive.
• A bar or restaurant that knowingly kept serving a visibly intoxicated driver. Colorado's dram shop law, C.R.S. 44-3-801, allows these claims in narrow situations.
• A government entity, if a dangerous road condition or defective traffic signals contributed to the crash.
• A vehicle or parts manufacturer, if a defect such as a failed brake or tire caused the crash or made the injuries worse.

When there are multiple parties, each may have its own insurer and its own deadline. That is one reason passenger injury claims can get more complicated than they first look.

How each insurance policy pays an injured passenger

When you were injured as a passenger, several auto insurance policies and your own health insurance may all apply. Here is how they usually fit together.

The at fault driver's liability insurance

This is the main source of payment for medical expenses, lost wages and pain and suffering. Colorado's minimum liability coverage is $25,000 per person and $50,000 per accident for bodily injury. That per-accident limit matters to passengers. If three passengers involved in the same crash were hurt, they may all be drawing from one $50,000 pool, and that is often inadequate coverage for serious injuries.

Medical payments coverage

Colorado insurers must offer medical payments coverage, often called MedPay. Many auto insurance policies carry it unless the policyholder turned it down in writing. MedPay on the car you were riding in, and sometimes on your own insurance policy, can pay medical bills early, no matter who was at fault.

Your personal health insurance

Your personal health insurance should pay for medical care after a car accident the same way it pays for any other care. Using your own health insurance keeps treatment moving while the injury claim is sorted out. Expect your health plan to ask to be repaid from any settlement. That is normal, and the amount can often be negotiated. Do not put off seeing a doctor because you are not sure which insurance will pay. Your personal health insurance is there for exactly this.

Uninsured and underinsured motorist coverage

If the at fault driver had no insurance, or not enough, uninsured motorist coverage can step in. Colorado insurers must offer it, and it stays on the policy unless it was rejected in writing. A passenger may be able to file claims under the insurance policy on the car they were riding in and under their own policy or a household family member's policy. Our uninsured motorist claims page goes into more detail.

What about personal injury protection (PIP)?

Many websites tell passengers to file first with personal injury protection (PIP). That advice comes from no-fault insurance systems. Colorado repealed its no-fault law in 2003, so personal injury protection is no longer part of Colorado auto insurance. Here, the at fault driver's liability insurance pays for injuries, with MedPay and health insurance covering bills in the meantime. If general online advice tells you to use personal injury protection (PIP) first, it does not describe how a Colorado car accident claim works.

What an injured passenger can recover

A passenger injured in a car accident who proves another party was at fault can seek compensation for:

• Past and future medical bills and medical care
• Lost wages and lost earning ability
• Pain and suffering, emotional distress and loss of enjoyment of life
• Physical impairment or disfigurement

Colorado limits some non-economic damages in personal injury cases, and those limits have recently changed. No honest answer puts a number on a claim before anyone knows the injuries, the available insurance coverage and the facts. What drives the value is how serious the injury is, how well it is documented, and how much insurance is actually there to pay it. A passenger who suffered injuries that keep them out of work for months has a very different claim from one who healed in a few weeks.

Can anything reduce a passenger's claim?

Passengers are rarely found at fault, but the insurer may still look for reasons to pay less. Two arguments come up often.

Seat belts. Under C.R.S. 42-4-237, if you were riding in the front seat, evidence that you were not wearing a seat belt can reduce the pain and suffering part of a claim. It cannot reduce what you recover for medical bills or lost income, and it does not change who caused the crash.

Riding with an impaired driver. If you knew the driver was drunk and got in anyway, an insurer may argue that you share some fault. Under Colorado's comparative negligence rule, an injured party's own share of fault reduces their recovery, and fault of 50 percent or more ends it.

Deadlines for passenger injury claims

Colorado generally gives you three years from the date of the crash to file a personal injury lawsuit over a motor vehicle accident. Some related claims have a two-year deadline. If a government entity may be responsible, written notice is due within 182 days. Our guide to Colorado's injury claim deadlines explains how those dates work. In short, a missed deadline usually cannot be fixed, and that is true whether you plan to file a personal injury case or hope to settle without one.

What to do this week

1. Get checked by a doctor, even if you feel mostly fine, and keep every follow-up appointment.
2. Get the police report from the agency that responded, so you can see the names and insurers of all the drivers.
3. Write down what you remember: speeds, signals, phone use, anything either driver said at the scene.
4. Collect insurance information for the car you were in, the other vehicles involved and your own household policies.
5. Keep your bills and pay stubs in one place to show your medical expenses and lost wages.
6. Be careful with recorded statements. You do not have to give one to the other driver's insurer right away.

Do you need a car accident lawyer as an injured passenger?

You do not need a law degree to file an insurance claim, and some small claims settle without a lawyer. A passenger's car accident claim tends to become harder when multiple drivers share fault, when coverage is thin and several passengers are sharing it, when your own driver caused the crash, or when the injuries are lasting. Those are the situations where it helps to have a car accident lawyer sort out the legal options and pursue compensation from every source available. You can read more about how we handle these cases on our Denver car accident lawyers page.

Getting a free consultation

A free consultation costs you nothing and commits you to nothing. It is a chance to have someone look at the police report and the insurance, then explain your legal options.

If you were hurt in Colorado and want to know where you stand, Anderson Hemmat offers a free case review. Call 303-782-9999 or send us a message and we will review your situation and explain your options.

Frequently asked questions

Can I sue if I was a passenger in a car accident?

Yes. In Colorado an injured passenger can bring a claim against any driver whose negligence caused the crash, including the driver of the car they were riding in. Most of these claims are resolved through the at-fault driver's liability insurance without a lawsuit, but the right to file one is the same. For a motor vehicle crash, the deadline to file is generally three years.

Who is liable to the passengers who are hurt?

Whoever caused the crash. That can be the other driver, the passenger's own driver, both drivers, or sometimes an employer, a vehicle owner, a manufacturer, a bar that overserved a driver, or a government entity responsible for a dangerous road. Under Colorado law each responsible party generally pays its own share of fault, which is why it matters to identify all of them.

How much money can a passenger in a car accident get?

There is no standard amount. A passenger's recovery depends on the medical bills, lost wages, pain and suffering and the lasting effects of the injury, and on how much insurance coverage is actually available. Colorado's minimum liability limits are $25,000 per person and $50,000 per accident, so the available insurance often matters as much as the injury itself.

How much of a $25,000 settlement will I get?

It depends on what comes out of it first. If you hired a lawyer, the fee and case costs set out in your signed agreement are deducted, and then any health insurer or medical provider with a lien is repaid, and those amounts can often be negotiated down. What remains is yours. Because $25,000 is the Colorado minimum per person, passengers often run into this number, and it is worth checking whether uninsured or underinsured motorist coverage could add to it.

Do I have to sue my friend or family member who was driving?

Making a claim against a friend or relative who was driving usually means making a claim against their auto insurance policy, which exists to pay people hurt by the driver's mistakes. The insurer generally handles the claim and pays it, and in most cases the driver does not pay personally. Whether a lawsuit is ever needed depends on whether the insurer offers a fair resolution.