Passengers often face the same (or worse) injuries as drivers when a car accident happens. But can a passenger in West Virginia file a separate car accident claim? The short answer is yes. Passengers can file a separate car accident claim to recover for their injuries. This is the case even if the driver they were with wasn’t at fault or even if both drivers were.
This article walks you through what a passenger car accident claim in West Virginia involves, how fault works, what kind of compensation you might be entitled to, and what to do next if you’re feeling overwhelmed.
In West Virginia, passengers who are injured in a car accident can file a claim against the person or people responsible for the crash. This may include the driver of the vehicle they were riding in or another driver who caused the collision.
You don’t have to be the driver to have legal rights. Whether you were in a friend’s car, with a relative, or in a rideshare vehicle, you can file a claim as a non-negligent party.
Passengers are entitled to seek compensation from any negligent party, including the driver of the vehicle they were riding in or the driver of another vehicle involved.
As a passenger, your claim is separate from the driver’s. You can pursue claims against multiple parties if two or more drivers share fault. Your case is not tied to the driver’s outcome or settlement.
You can also work with your attorney. Even if several people were injured in the same crash, each passenger has the right to file an individual claim.
In crashes involving multiple injured passengers, the available policy limits may be divided among several claims, which can reduce the final payout for each individual.
You may need to deal with multiple insurance companies if you have to file multiple claims. Understanding how fault is assigned under West Virginia law can be very helpful in these circumstances.
West Virginia follows a modified comparative fault system, explained under West Virginia Code § 55-7-13a. That means if you were partially at fault for the accident, your compensation could be reduced by the degree of fault assigned to you.
This rule rarely applies to passengers, except in rare cases where their actions or negligence contribute to the crash or the severity of their injuries. For example, a passenger may contribute to an accident if they are actively distracting a driver. Or, they may contribute to their own injuries by failing to wear a seatbelt.
West Virginia follows a modified comparative fault system. If you are found to be 50% or more at fault, you may be barred from recovery.
You can recover damages even if more than one driver shares the blame. This gives you flexibility in pursuing compensation from different sources, such as insurance carriers or personal injury claims.
Passengers may be eligible for several types of damages:
In addition, you might use Medical Payments (MedPay) or Uninsured/Underinsured Motorist (UM/UIM) coverage. These policies could belong to the driver or even to you.
Uninsured motorist (UM) and Medical Payments (MedPay) coverage may offer important financial recovery options for injured passengers, even if the at-fault driver has no insurance.
Some claims have complications. If several passengers are injured, insurance policy limits may be split, reducing each person’s payout.
You can still file a claim even if the driver was a friend or family member. These claims typically go through insurance, not against the person directly. This allows you to seek compensation without damaging your relationship with someone close to you.
Rideshare accidents bring additional layers. Determining which insurer (such as Uber’s, the driver’s, or another) is responsible for providing compensation can delay payouts or lead to general confusion about how to proceed.
Under West Virginia Code § 55-2-12, passengers have two years from the date of the car accident to file a personal injury claim.
Focus on your health first. Seek medical care and document everything from symptoms to treatment.
Here are a few practical steps to take:
Acting early protects your claim. Waiting too long may weaken your case or cause you to miss critical legal deadlines.
You have two years from the date of the crash to file a personal injury lawsuit under W. Va. Code § 55-2-12. This applies to passengers just as it does to drivers.
Passengers have two years from the date of the accident to file a personal injury lawsuit under West Virginia law.
Delays can lead to missing key evidence or losing your right to compensation. It’s best to take action as soon as possible.
|
Aspect |
Passenger Claim |
Driver Claim |
| Can file claim separately? | Yes | Yes |
| May recover from both drivers? | Yes, if both are at fault | No, only from the other at-fault driver |
| Affected by comparative fault? | Yes, but rarely applies | Yes |
| Can I use MedPay or UM coverage? | Yes, own or host driver’s policy | Yes |
| Statute of limitations? | 2 years (W. Va. Code § 55-2-12) | 2 years (same statute) |
Source: West Virginia Legislature
Yes, passengers injured in a crash can file a personal injury claim against any driver who was at fault. This is the case even if they were riding with a friend or family member.
Yes, West Virginia law allows injured passengers to pursue claims against both drivers if they each contributed to the accident, as long as you’re not 50% or more at fault yourself.
Passengers may recover costs for medical bills, lost wages, pain and suffering, and other damages. If applicable, additional coverage may be available through MedPay or uninsured motorist (UM) policies.
You can still file a claim. These cases usually go through the driver’s insurance, not against them, so your relationship doesn’t prevent you from recovering damages.
Suppose the at-fault driver’s policy doesn’t fully cover your losses. In that case, you can use your own uninsured/underinsured motorist or MedPay coverage to help make up the difference.
Passengers injured in West Virginia car accidents have the right to file separate claims for their injuries. Whether one or both drivers are at fault, or whether the crash involved a rideshare or uninsured motorist, there are legal options available.
Understanding fault rules, insurance coverage, and legal time limits can significantly impact your recovery. It’s essential to act quickly, gather evidence, and explore every path to compensation.
The Manchin Injury Law Group assists injured passengers in Fairmont and throughout West Virginia in navigating these complex claims. If you’re unsure about your next steps, we invite you to reach out for a free consultation to gain a clear and confident understanding of your legal options.
Associate Attorney at Manchin Injury Law Group
Practice Area: Personal Injury
Attorney Timothy Manchin established the Manchin Injury Law Group in 2011 after his law partner of more than 25 years became a West Virginia circuit court judge. His focus is on helping individual clients and entire families victimized by negligent acts.
We offer a free initial consultation at our office in the Manchin Professional Building — our home since 1983 — conveniently located in Fairmont.
If you are unable to visit our firm, we can come to your home or hospital room.
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