Your Rights as an Injured Passenger in a car accident are much broader than many people realize. If you were injured while riding as a passenger in a car accident in Oklahoma, you have important legal rights and potential claims—regardless of which driver caused the crash. Many people assume that only drivers can pursue compensation after a wreck, but passengers are often the most clearly entitled to recover for their injuries. Understanding your options can help you protect your health, finances, and future.
Passengers Have the Right to Compensation
Under Oklahoma law, a passenger who is injured in a motor vehicle collision has the right to seek compensation from the person or persons responsible for the accident. This could include:
- The driver of the other vehicle – if that driver’s negligence caused the crash.
- The driver of the vehicle you were in – if your driver was speeding, distracted, or otherwise at fault.
- Both drivers – in cases where fault is shared.
Because passengers rarely share in causing a crash, Oklahoma’s comparative negligence rules (found in 23 O.S. §13) generally do not reduce a passenger’s recovery unless the passenger somehow contributed to the injury—for example, by knowingly riding with an impaired driver.
Types of Damages Passengers Can Recover
If you are hurt in a car accident as a passenger, you may be entitled to compensation for both economic and non-economic damages, including:
- Medical expenses (past and future)
- Lost wages or earning capacity
- Pain and suffering
- Emotional distress
- Property damage (if personal items were damaged in the crash)
In serious cases, where injuries are permanent or disabling, you may also recover for long-term care, disfigurement, and loss of quality of life.
Insurance Coverage Options for Passengers
Determining which insurance policy applies can be complicated. In Oklahoma, several potential sources of coverage may be available:
- The at-fault driver’s liability insurance – This is the most common source of recovery.
- The driver of your vehicle’s insurance – Even if your driver was partially responsible, their liability coverage may still apply.
- Your own auto insurance – If you have uninsured/underinsured motorist (UM/UIM) coverage, it can provide additional benefits when other drivers lack sufficient insurance.
- Medical payments (MedPay) – Some policies include this optional coverage, which pays for medical bills regardless of fault.
What If You’re Related to or Know the Driver?
Passengers are sometimes hesitant to make a claim when the at-fault driver is a friend or family member. However, your claim is typically made against their insurance company, not against them personally. The purpose of insurance is to cover accidents and injuries just like this, so you should not feel guilty or hesitant about protecting your rights.
Steps to Take After a Passenger Injury
If you’re injured as a passenger in an Oklahoma car accident:
- Seek medical attention immediately. Your health and documentation of injuries are essential.
- Report the accident to law enforcement and request a copy of the accident report.
- Get insurance and contact information for all drivers involved.
- Do not give statements to insurance adjusters without legal advice.
- Contact an experienced car accident attorney to discuss your options before accepting any settlement.
How Long Do You Have to File a Claim?
Under 12 O.S. §95(A)(3), Oklahoma law generally gives you two years from the date of the accident to file a personal injury claim. Missing this deadline can permanently bar your right to recover damages, so it’s important to act quickly.
Protecting Passenger Rights in Oklahoma Car Accidents
Your legal Rights as an Injured Passenger are protected. Passengers have strong legal protections under Oklahoma law. Whether the at-fault driver was the one you were riding with or someone else on the road, you may be entitled to significant compensation for your injuries and losses. The insurance companies will try to minimize your recovery, so having an experienced personal injury accident attorney on your side can make all the difference. If you were injured as a passenger in a car accident in Tulsa or anywhere in Oklahoma, contact Kania Law Office today. Our experienced Tulsa car accident lawyers will review your case, explain your rights, and fight to get you the compensation you deserve. Call us now for a free consultation 918.743.2233
Tulsa's Local Personal Injury Lawyers
Are you looking for Tulsa attorneys who will fight aggressively for you? Our team of personal injury attorneys have the experience needed in Oklahoma law to secure the outcome you deserve.
Call us today for a free consultation 918-743-2233 or contact us online.