Legal Rights of Passengers Injured in Colorado Car Accidents
Request Free ConsultationA serious crash can leave you with more questions than answers, especially when you weren’t behind the wheel. According to the National Highway Traffic Safety Administration, passengers make up nearly one-third of all fatalities in motor vehicle crashes each year. Many more are left with injuries that disrupt their health, finances, and daily life. Still, passengers are often unsure what their legal rights are or what to do after the shock wears off.
If you were injured while riding in someone else’s vehicle, the legal rights of passengers in car accidents are far stronger than many people realize. Whether the driver was a friend, a rideshare operator, or someone else entirely, Colorado law provides you with multiple legal avenues to pursue compensation for all your injuries and losses.
Speaking with an experienced Colorado car accident lawyer can help you understand your rights, identify who may be liable, and take the right steps toward a full financial recovery.
Key Takeaways About Passenger Rights in Colorado Crashes
- Passengers have the right to pursue compensation, regardless of who caused the crash
- In Colorado, you may be able to file claims against one or more drivers involved
- Even if a friend or relative was driving, you can file a claim without causing personal conflict
- Passengers are rarely assigned fault in a crash, which protects your claim
- A Colorado injury lawyer can help you navigate insurance issues and maximize compensation
Can Passengers File Personal Injury Claims After a Crash?
Yes. If you were hurt as a passenger, Colorado law treats your injuries just as seriously as the driver’s. You have the right to seek financial compensation through a personal injury claim, whether the crash involved one vehicle or several.
Passengers may file claims against:
- The driver of the car they were riding in
- The driver of another vehicle involved in the collision
- Both drivers, if fault is shared
- A third party, such as a manufacturer or government entity (in rare cases)
As a passenger, your claim is generally treated as a third-party injury claim, which allows you to pursue damages from the person or company responsible for the crash. In most cases, passengers are not assigned fault, which means your ability to recover damages is strong, even if both drivers are disputing liability.
Who Pays for a Passenger’s Medical Bills in Colorado?
Colorado is an at-fault state, which means the party responsible for the crash must pay for the damages. However, determining who pays for passenger injuries in a car crash in Colorado depends on several factors, primarily how insurance is structured.
Here are the main sources of coverage for passengers:
- Bodily injury liability insurance from the at-fault driver
- Medical payments coverage (MedPay) from the driver’s or passenger’s own policy
- Uninsured/underinsured motorist coverage if the at-fault driver lacks sufficient insurance
- Health insurance, which may cover costs upfront, but expects reimbursement after a settlement or award. This is a process known as subrogation.
Passengers can often file claims under multiple policies. For example, if your friend caused the crash, their liability insurance may apply. But if another driver was involved and also at fault, you may have a claim against them as well.
What If the Driver Was a Friend or Family Member?
This is one of the most common and emotionally complicated car accident scenarios. You’re injured, but the driver is someone close to you. You don’t want to strain your relationship, but you also need help covering your medical bills, lost income, and long-term recovery costs.
Here’s the good news: filing a claim typically goes through your friend’s insurance, not their personal finances. That means your passenger car accident claim in Colorado is aimed at the insurer, not the individual. If they have bodily injury liability coverage, it exists specifically for situations like this.
You’re not suing your friend. You’re holding their insurance company accountable. And in many cases, people are relieved when their insurance helps protect someone they care about.
Can I Sue Both Drivers If I Was a Passenger?
Yes, and this happens more often than you might think. If both drivers contributed to the crash, you can pursue compensation from both parties. Colorado follows a modified comparative negligence system under C.R.S. § 13-21-111, which allows for shared fault.
For example, if the driver of your vehicle was speeding and the other driver ran a red light, a jury could assign each of them a percentage of fault. You could then recover compensation in proportion to each party’s share of responsibility.
Your lawyer can file claims against both drivers’ insurance policies. If one is uninsured or underinsured, additional coverage may be available through your own auto policy—or through a household family member’s policy if you’re listed or qualify as an insured member under that plan.
What If the Driver Wasn’t at Fault?
If the driver of your vehicle wasn’t responsible for the crash, you could file a claim against the at-fault party’s insurer. In these cases, your relationship with the driver has no impact on your legal rights. The process works just as it would for any injury victim.
Sometimes, fault lies outside of either driver—for example, if poor road maintenance or defective auto parts contributed to the crash. These third-party claims are more complex but still possible with the help of a qualified attorney.
Can a passenger ever be blamed for an accident?
It’s very rare, but in some situations, a passenger’s actions may contribute to a crash. For instance, if a passenger physically interferes with the driver or distracts them in a reckless way, a court might assign partial fault.
However, under Colorado’s comparative negligence law, you can still recover compensation as long as you are less than 50% at fault. And in most standard crash scenarios, passengers are not assigned any fault at all.
How Passenger Rights Work in Rideshare and Taxi Accidents
Passengers injured in rideshare accidents in Colorado have the same legal rights as other passengers, but the insurance structure is different. If you were injured while riding in a Lyft or Uber, the company’s commercial insurance policy likely applies. In Colorado, rideshare platforms must provide up to $1 million in liability and UM/UIM coverage, but only while the ride is active. If the app was on but no passenger was in the car, lower limits may apply. If the driver was off the app entirely, the rideshare driver’s personal policy becomes the default.
Taxi coverage varies by company. These vehicles are usually insured under commercial auto policies, but the limits aren’t always clear and can differ by region or operator.
In either case, coverage depends on when the ride occurred, who caused the crash, and how the vehicle was being used. An attorney can identify which policy applies, whether it covers your injuries, and how to file a claim against it without delay.
What If You Felt Fine at First? Delayed Injuries and Late-Onset Symptoms
Not every injury shows up right away. After a crash, adrenaline can dull pain, and soft tissue injuries often take hours or even days to reveal themselves. For passengers who didn’t go to the emergency room immediately, this delay can cause concern if insurers try to use it as a reason to deny your claim.
But delayed injuries don’t disqualify you from seeking compensation.
What matters is what you do once symptoms appear. If neck pain, dizziness, headaches, or other symptoms surface later, see a doctor right away. Medical documentation that links your condition to the crash helps build a credible timeline and shows you took your injuries seriously as soon as you became aware of them.
How Do Insurance Companies Handle Passenger Injury Claims?
Even though passengers rarely share fault, that doesn’t mean insurers will make the process easy. In fact, the insurance company’s job is to protect its financial exposure, which means offering the smallest payout it believes it can justify.
You may hear things like:
- “There’s a limit on how much we can offer for multiple claimants.”
- “This is all the coverage that’s available under the driver’s policy.”
- “We don’t believe all of your treatment was necessary.”
These tactics often create doubt and delay. For passengers, especially those unfamiliar with the process, it can feel like the claim is being quietly pushed aside.
Why a Personal Injury Lawyer Can Make a Big Difference
Insurance companies know most people don’t understand all of their rights. But the conversation changes when a lawyer steps in. You’re no longer just a passenger asking for help. You’re someone backed by legal authority, medical evidence, and experience.
A personal injury lawyer can:
- Review the available insurance policies to find every source of compensation
- Coordinate with your doctors to document long-term impacts
- Push back on low offers, delays, or attempts to downplay your injuries
- Build a claim that shows not just what happened but what it cost you
More importantly, a lawyer keeps your case moving. They handle the legal stress so you can focus on your recovery.
What If Multiple Passengers Were Injured in the Same Crash?
In crashes involving multiple injured passengers, a policy limits issue can arise. For example, if the at-fault driver has $100,000 in bodily injury coverage and there are three passengers with serious injuries, that amount must be divided.
This often means individual payouts fall short of covering full medical costs.
A lawyer can:
- Investigate whether additional coverage is available (such as underinsured motorist coverage)
- Determine whether both drivers share liability
- Explore the possibility of other at-fault parties, like a commercial owner or vehicle manufacturer
You don’t have to figure this out alone. A skilled attorney can maximize what’s available and negotiate a fair outcome.
Handling Passenger Claims After a Hit-and-Run
Hit-and-run accidents leave passengers with an added layer of uncertainty. If the at-fault driver disappears, your claim becomes more complicated, but it is not impossible.
You may still be able to recover compensation through:
- Uninsured motorist (UM) coverage on your own policy
- UM coverage on the vehicle you were riding in
- The Colorado Crime Victim Compensation Fund, in certain circumstances
If you were a passenger in a hit-and-run crash, acting quickly can protect your options. Report the incident to the police right away and get medical care, even if your injuries seem minor at first.
The sooner you document what happened and how you were injured, the stronger your case will be, especially if you need to file a claim through uninsured motorist coverage. A lawyer can step in immediately to help track down possible coverage, preserve key evidence, and ensure you’re not left paying for someone else’s crime.
Special Considerations for Child Passengers
Child passengers have the same right to compensation as adults, but their cases must be handled with extra care. In Colorado, minors cannot legally settle their own claims. A parent or legal guardian must approve any agreement, and in some cases, the court must also review and approve the settlement.
Children often experience:
- Unique injuries based on their size and seating position
- Developmental impacts that may not show up right away
- Emotional trauma that requires specialized care
If your child was injured as a passenger, working with a law firm familiar with pediatric claims is essential. The goal isn’t just to recover immediate costs but to secure compensation for long-term support as well.
Frequently Asked Questions About Passenger Claims in Colorado
Can I file a claim if I wasn’t wearing a seatbelt?
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Yes. While Colorado law requires seatbelt use, not wearing one doesn’t automatically prevent you from recovering compensation. The insurer may attempt to reduce your payout if they prove your injuries were worsened because you were unrestrained, but you can still file a claim.
What if I already accepted money from the insurance company?
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If you signed a settlement release, you may not be able to pursue additional compensation. However, if you accepted only a partial payment or haven’t signed anything yet, you may still have options. It’s a good idea to have a lawyer review the details.
Will filing a claim affect my relationship with the driver?
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Most claims are handled through insurance, not out of someone’s personal finances. Filing a claim doesn’t mean you are suing your friend or family member directly. In many cases, people are relieved when insurance steps in to cover expenses.
How long do I have to file a claim as a passenger?
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In Colorado, the statute of limitations for most car accident injuries is three years from the date of the crash. Exceptions may apply—especially for minors or cases involving government entities. Speaking with a lawyer early helps preserve your options.
Do I need a lawyer even for a minor injury?
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Even minor or soft tissue injuries can lead to ongoing pain, treatment costs, or missed work. If the insurance company minimizes your injury or delays your claim, an attorney can help ensure you’re treated fairly and compensated appropriately.
You Have Rights, Even If You Weren’t Behind the Wheel
Being a passenger doesn’t mean being powerless. Colorado law protects your right to pursue compensation, no matter whose vehicle you were in. Whether the crash involved friends, family, a rideshare, or a hit-and-run, you don’t have to take the insurance company’s word for what your claim is worth.
You deserve to understand your options, recover what you’ve lost, and feel supported throughout the process.
Protect Your Rights as an Injured Passenger. Call Fuicelli & Lee
At Fuicelli & Lee Injury Lawyers, our experienced car accident attorneys have represented many passengers who were injured in crashes across Colorado, from Denver to Fort Collins, Boulder, Colorado Springs, and beyond. We understand the complexities of passenger claims and know how to hold insurance companies accountable, even when fault is unclear or multiple parties are involved.
We intentionally limit our caseload so we can give each client the time, communication, and focus they deserve. Whether you were hurt in a one-car accident or a multi-vehicle pileup, we can help you explore your options and fight for your full, fair, and complete compensation.
Call (303) 444-4444 or contact us online for a free consultation with a Colorado personal injury attorney. We are available 24/7 and never charge a fee unless we win your case.