Can Passengers Sue the Driver After a Louisiana Car Crash?

When a car crash happens in Louisiana, the focus often turns to the drivers involved. But passengers—whether they’re friends, co-workers, or even family of the driver—can be left with injuries, medical bills, and questions about who is responsible for covering those costs. The law in Louisiana makes one thing clear: passengers aren’t automatically excluded from seeking compensation, even if the person behind the wheel was someone they know.

Unlike “no-fault” states, where each driver’s insurance covers their own injuries regardless of blame, Louisiana follows a fault-based system. That means the person (or people) who caused the accident—and by extension, their insurers—are on the hook for damages. For passengers, this opens the door to filing an insurance claim or even a personal injury lawsuit if the facts support it.

Still, the process isn’t always straightforward. Liability must be proven, and in multi-vehicle collisions, responsibility can be shared among several drivers. Understanding how these rules work is essential for any passenger hoping to recover costs for medical care, lost wages, or other losses after a crash.

Determining Liability in Fault-Based States

In Louisiana, liability in an auto accident comes down to fault—how much each party’s actions contributed to what happened. This applies whether the accident involves one driver or several.

If the driver of the car you were riding in ran a red light, was distracted at the wheel, or otherwise caused the crash, they may be considered the at-fault driver. In that case, their insurance coverage is typically the first place to look for recovery. But accidents are rarely that clear-cut. Another driver might have been speeding, failed to yield, or made a sudden maneuver that contributed to the collision.

Louisiana’s comparative fault rules allow damages to be divided proportionally. As provided under Louisiana Civil Code Article 2323:

"If a person suffers injury, death, or loss as a result partly of his own negligence and partly as a result of the fault of another person or persons, the amount of damages recoverable shall be reduced in proportion to the degree or percentage of negligence attributable to the person suffering the injury, death, or loss."

That means a passenger can make an insurance claim against more than one driver’s insurance if multiple parties share the blame. For example, if two drivers are each found 50% responsible, their insurers would share the cost of the passenger’s damages.

For passengers, this system offers a practical advantage: it increases the potential sources of recovery, especially in cases where one insurance policy might not be enough to cover serious injuries. However, it also means the process can become more complex, requiring a clear understanding of the accident’s chain of events and the insurance coverage available.

Filing an Insurance Claim

For a passenger, the first question after a crash—once medical needs are addressed—is who will pay for the fallout. In Louisiana, the answer depends on fault. If the driver of your vehicle is responsible for the accident, you can file a claim directly against that driver’s insurance policy. This could cover medical expenses, lost wages, and other damages tied to your injuries.

If the driver wasn’t at fault, the focus shifts to the other driver (or drivers) involved. In multi-car collisions, passenger car accident claims often target more than one insurance policy, particularly when the accident involves multiple drivers or multiple parties are responsible. The state’s comparative fault system means you aren’t limited to choosing just one at-fault party—you can file a personal injury claim with each insurance company that shares responsibility.

There’s also the scenario no one wants to face: the responsible driver doesn’t have enough coverage—or any coverage at all. In that case, a passenger involved in the accident may turn to their own uninsured/underinsured motorist coverage (UM/UIM), if their policy includes it. This safety net exists for precisely these situations, allowing passengers to recover compensation still even if the at-fault driver’s insurance falls short.

Regardless of the path, success often hinges on documentation. Medical treatment records, medical bills, a police report, and witness statements all help establish the facts. Insurance companies will investigate, and a well-documented claim strengthens your position when negotiating a fair settlement.

Auto Accident Laws and Regulations

Louisiana’s traffic and insurance laws shape how car accident cases unfold, and passengers should understand the basic framework. Drivers are required to carry liability insurance with minimum liability coverage limits: $15,000 for injury to one person, $30,000 for injury to more than one person, and $25,000 for property damage. For a passenger injury claim, these limits are where the insurer’s payment obligations begin and end—unless the policyholder purchased higher coverage.

The state’s fault-based system is designed to hold the party responsible financially accountable. But it also means that if the at-fault driver lacks insurance, passengers may have to rely on their own personal injury protection or UM/UIM coverage to recover damages.

Louisiana also applies a comparative fault rule, which can affect a passenger's personal injury claim in unusual situations. For instance, if a passenger’s actions—such as distracting the driver—contributed to the crash, their recovery could be reduced proportionally.

Time limits matter, too. The statute of limitations for filing a personal injury lawsuit in Louisiana is generally two years from the date of the accident. Waiting longer risks losing the right to take legal action altogether.

For passengers in a car after a crash, these laws determine not just whether a claim can be made, but from whom. The key is identifying the at-fault driver or drivers early and understanding what insurance coverage is available—whether it’s the driver you rode with, the other driver, or, in some cases, your own insurer.

Injury Claim Process

For passengers, pursuing compensation after a Louisiana car crash involves more than just filing a form with an insurance company. The process can be straightforward in cases with a single at fault driver, but it often becomes layered when multiple drivers or more than one insurance policy are involved. Careful documentation and a clear timeline of events are essential to strengthening any passenger injury claim. Here’s what the process typically involves:

• Seek medical attention immediately: Even if injuries seem minor, prompt evaluation ensures your health is protected and creates a medical record linking injuries to the accident.

• Gather documentation: Collect the police report, witness statements, photographs of the scene, and any other evidence that can help establish fault and damages.

• Track all medical treatment and expenses: Keep detailed records of hospital visits, therapy sessions, prescriptions, and other costs, along with all related medical bills.

• Document lost wages: If injuries prevent you from working, maintain a record of income missed due to the accident.

• Identify the at fault party or parties: Determine whether the driver of your vehicle, another driver, or multiple drivers share responsibility.

• File claims with the appropriate insurance companies: This may include the at-fault driver’s insurer, the other driver’s insurer, or your own personal injury protection or uninsured/underinsured motorist coverage if needed.

• Respond to insurer investigations: Insurance companies will review evidence and may request additional information before making a settlement offer.

• Evaluate settlement offers carefully: Passengers can reject offers that don’t account for the full extent of damages, including medical expenses, lost wages, and non-economic harms like emotional distress or mental anguish.

While the steps may appear linear, claims can overlap—especially when multiple claims are filed or when coverage from several insurance policies must be coordinated. In Louisiana, passengers have the right to pursue recovery from any party responsible within the limits of the state’s legal deadlines.

Can Passengers Sue the Driver? Protect Yourself After a Crash You Didn’t Cause

Yes—passengers can sue the at-fault driver after a Louisiana car crash if that driver is found to be at fault. If you were a passenger in a Louisiana car crash, you shouldn’t be left footing the bill for injuries and expenses you didn’t cause. Whether the responsible party was the person behind the wheel of your car or someone in another vehicle, the law gives you a path to recover medical costs, lost income, and other damages.

At the Burnham Law Firm, we’ve seen how quickly a routine ride can turn into a life-changing event. Understanding your rights—and acting within Louisiana’s one-year deadline—can make the difference between getting fair compensation and being left without the support you need.

You didn’t cause the crash—don’t carry the cost alone. Call us for help.