Can Passengers File Injury Claims in Oklahoma Car Accidents?

If you were a passenger in a car and sustained injuries in a crash, you might be wondering, “Can I file an injury claim even though I wasn’t driving?” The answer is yes, absolutely. In Oklahoma, passengers have just as much right as drivers to seek compensation for their injuries after an accident. In fact, passengers are rarely at fault in car accidents, which can make your claim more straightforward in some cases.

At Biby Law Firm, we regularly work with passengers who were injured in crashes involving friends, family members, rideshares, or other drivers. Whether you were hit by another car or riding with someone who caused the accident, you may be entitled to compensation for medical bills, lost wages, and pain and suffering.

What are my rights as a passenger in Oklahoma?

As a passenger, you likely didn’t perform any action which contributed to the accident, meaning you likely won’t face arguments that you are legally responsible. However, you may have suffered the same injuries, or worse, than the driver. Oklahoma law gives passengers the right to pursue a personal injury claim against any at-fault party. This could include:

• The driver of another vehicle
• The driver of the car in which you were riding
• Both drivers (in multi-vehicle collisions)
• A third party, such as a vehicle manufacturer or road maintenance crew

What are some common passenger injuries after a car accident?

During a car accident, passengers often suffer serious injuries because they have less control during the crash and may be unprepared for the impact. Common injuries to passengers include:

• Whiplash and neck injuries
• Head trauma or concussions
• Broken bones
• Internal injuries
• Cuts and bruises
• Emotional distress or PTSD

You don’t need to be taken away in an ambulance for your injuries to be serious. If you’ve experienced pain, discomfort, or any other health issues after a crash, it’s important to get checked out by a medical professional and speak with an experienced car accident lawyer.

Who pays for a passenger’s injuries after an Oklahoma car accident?

The answer to this depends on who caused the accident and what kind of insurance coverage is available. In most cases, passengers can file a claim against the following:

The other driver’s insurance. If another vehicle caused the accident (i.e., someone ran a red light and hit the car in which you were traveling), you can file a claim against that driver’s liability insurance. Oklahoma law requires drivers to carry minimum liability insurance of:

• $25,000 for bodily injury per person
• $50,000 for bodily injury per incident, regardless of how many people are injured
• $25,000 for property damage

If your injuries are very serious, this coverage might not be enough. This is why you may need to explore other options, including the driver of the vehicle you were in.

The driver of the car you were in. Sometimes, the driver of the vehicle in which you were riding is responsible for the accident, either partially or fully. You are still able to file a claim against the at-fault driver, even if that person is a friend or family member. This can certainly feel uncomfortable, but it’s important to remember that you’re filing a claim against the insurance company, not the person directly. The whole point of auto insurance is to protect people in case of an accident. If you’re injured, you deserve support, and their policy should cover it.

Both drivers. The state of Oklahoma follows a comparative fault system. This means that fault can be split between drivers if both of them contributed to the crash. Here’s an example. Driver A was texting and didn’t slow down. Driver B changed lanes without signaling. They crash. You were a passenger in Driver B’s car. In this case, both insurance policies might share responsibility for your injuries. As a passenger, you can typically pursue compensation from both drivers’ insurers to cover your full damages and losses.

What if the at-fault driver is uninsured or underinsured?

If the driver who caused the accident doesn’t have insurance, things can get a bit complicated. However, you still have options. You may be covered by:

• Uninsured/underinsured motorist (UM/UIM) coverage on the car in which you were riding
• Your own auto insurance policy’s UM/UIM coverage
• Household coverage, if you live with someone who has a UM/UIM policy (per policy terms)

UM/UIM coverage helps when the other driver:

• Has no insurance
• Doesn’t have enough coverage to pay for your injuries
• Can’t be identified (like in a hit-and-run accident)

At Biby Law Firm, our car accident lawyers carefully review all available policies to find every possible source of compensation. Even if you think there’s no insurance, it’s worth calling us. We may be able to find coverage that you didn’t know about.

Filing a claim against a friend or family member

One of the most common concerns we hear from our clients is, “What if my friend was driving? I don’t want to sue them.” While certainly a valid concern, here’s the truth. You’re not “suing” them in the way people think. You’re filing a claim against their insurance policy, not trying to take their personal money or property.

Insurance is there for this very scenario: to help anyone hurt in an accident they caused. If you don’t file a claim, you could be stuck with expensive medical bills, lost income, and long-term physical therapy. Filing a claim against someone you know does not require you to be hostile or damage your relationship with the other person. We can handle everything professionally and discreetly, so you can secure the care you need while keeping the peace with your friend or relative.

How does comparative fault affect my passenger claim?

As stated earlier, Oklahoma uses a modified comparative negligence system. This rule mostly applies to drivers, but passengers should still understand how it works. Here’s how it breaks down:

• If you are less than 51% at fault, you can recover compensation.
• Your total compensation is reduced by your percentage of fault.

As a passenger, you’re usually not considered at fault unless:

• You interfered with the driver
• You knowingly got into a car with an impaired driver
• You engaged in dangerous behavior that contributed to the crash

For example, if you knew your friend was drunk but decided to ride with them anyway, the insurance company would likely argue that you are partly to blame or knowingly assumed the risk of doing so,  and reduce your payout accordingly. This is why it’s so important to have a car accident lawyer who can defend your rights and push back against any unfair claims of fault.

What damages can I recover after a car accident?

As an injured passenger, you may be able to recover compensation for the following:

• Medical expenses (past, present, and future)
• Lost wages, if you missed work due to your injuries
• Pain and suffering
• Emotional distress
• Permanent injuries or disabilities
• Loss of enjoyment of life

If the crash was especially severe or involved reckless or drunk driving, punitive damages may be possible. Our car accident lawyers work closely with medical providers and experts to calculate the true cost of your injuries and damages, not just what the insurance company wants to offer.

What steps should I take after a car accident in which I was a passenger?

If you’ve been injured in a car accident that wasn’t your fault, here’s what you should do.

• Get medical attention. Even if you think you feel okay, get yourself checked out. Some injuries, like concussions or soft tissue damage, may show up hours or even days later.
• Gather information. If you’re able to, collect the names and contact information for all of the drivers, insurance details, photos of the scene and vehicles involved, and the names and phone numbers of any witnesses.
• Don’t discuss fault. Don’t argue with the other drivers or make statements about who was at fault. Simply stick to the facts. Let the police and your lawyer handle any disagreements.
• Contact a Tulsa car accident lawyer. Passenger claims may seem simple, but they can get complicated fast, especially if multiple drivers were involved, insurance companies are arguing about fault, you were riding with a friend or family member, or the at-fault driver is uninsured.

Our experienced car accident lawyers can help you protect your legal rights, gather evidence, and pursue fair compensation for your injuries and losses.

Why choose Biby Law Firm for my car accident case?

Here at Biby Law Firm, we treat every client like family because we know how stressful life can become after a serious car crash. You’re likely dealing with pain, discomfort, confusion, and financial strain. You deserve answers, legal support, and a path forward. Here’s what we bring to the table:

• A deep knowledge of Oklahoma car accident laws
• Aggressive advocacy against insurers who try to limit payouts
• Compassionate service and honest advice
• No fee unless we win your case

Whether you were a passenger in a fender-bender or in a life-altering collision, we’re ready to stand up for your rights and help you rebuild your life.

Remember, if you were injured as a passenger in a car accident in Oklahoma, you have every right to file a claim, even if the driver was a family member or friend. Don’t let guilt, confusion, or insurance red tape prevent you from getting the help you need. Your job is to heal. Our job is to handle everything else. Call Biby Law Firm today at 918-553-5823 or fill out our contact form to schedule your free consultation with an experienced Oklahoma car accident lawyer. We’ll review your case, explain your options, and help you take the next steps towards recovery.