Attorneys Robert, David and James Cody

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Can passengers file separate injury claims after a car accident?

On Behalf of | Apr 24, 2025 | Car Crashes |

If you’re a passenger in a car accident, you may wonder if you can file your own injury claim. In Minnesota, the answer is yes. Passengers have the same right as drivers to seek compensation for injuries, and it is important to understand those rights.

Understanding your rights as a passenger

As a passenger, you’re not usually at fault for the accident. This gives you the ability to file a claim against any driver who caused the crash. That could be the driver of the car you were in or another vehicle. Minnesota follows a no-fault insurance system. This means your claim starts with the car owner’s personal injury protection (PIP) coverage, regardless of who caused the accident.

Filing a claim beyond PIP coverage

PIP covers basic medical expenses and lost wages, but it has limits. If your injuries are severe, you can step outside the no-fault system. You may sue the at-fault driver if your medical bills exceed $4,000 or if you suffered permanent injury, disfigurement, or 60 days or more of disability. When you meet these thresholds, you can file a personal injury claim for additional damages like pain and suffering.

What to expect in the claims process

You’ll need to show documentation of your injuries and how they affected your life. Medical records, wage statements, and witness reports can support your claim. Insurance companies may try to downplay your injuries, so strong evidence is key. Claims can take time, especially if they go beyond PIP limits, but knowing your rights helps you stay informed.

Get what you’re entitled to

As a passenger, you’re not out of options. You can file a separate injury claim and potentially recover compensation for your losses. Just make sure you understand the rules and keep solid documentation.

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