Can Passengers File Injury Claims Against the Driver in Virginia?

 Posted on January 25, 2026 in Car & Truck Accidents

Passengers are often caught off guard after a car accident. Many assume they cannot bring a claim because they were not driving. In reality, passengers are frequently injured and may have legal options.

In early 2025, the National Highway Traffic Safety Administration reported that thousands of people were seriously injured in traffic crashes across the United States by mid-year. That statistic did not refer to drivers only.

As of 2026, Virginia law still allows injured passengers to seek compensation when another person’s driving causes their injuries. If you were hurt while riding in a vehicle, we can help. Our Strasburg, VA car accident lawyers can explain whether you have a claim and what you need to do to pursue compensation.

Can a Passenger File an Injury Claim Against the Driver in Virginia?

A passenger can file an injury claim against the driver if the driver’s negligence caused the accident. Passengers are generally not considered responsible for how a vehicle is driven, which often places them in a strong legal position.

Virginia law allows injured passengers to pursue claims just like other injury victims. The key issue is whether the driver failed to use reasonable care while operating the vehicle.

Does It Matter if the Driver Is a Friend or Family Member When Filing a Car Accident Claim?

A passenger’s right to file a claim does not depend on their relationship with the driver. Claims are usually paid by the driver’s auto insurance, not directly by the driver. While filing a claim against someone you know can feel uncomfortable, insurance coverage exists to handle exactly these situations.

What Must a Passenger Prove To Recover Compensation After a Car Crash?

To recover compensation, a passenger must show that the driver was negligent and that the negligence caused injury. This often involves proving:

• The driver failed to follow traffic laws or drive safely.

• The driver’s actions caused the crash.

• The passenger suffered injuries and losses as a result.

In Virginia, injury claims must also be filed within the applicable time limits, which makes early action important.

How Does Virginia’s Contributory Negligence Rule Affect Passengers?

Virginia follows a strict "all-or-nothing" rule that bars an injured party from recovering any damages if they are found even one percent at fault for the accident. 

However, passengers are rarely blamed for causing crashes. This means contributory negligence is less likely to block a passenger’s claim compared to a driver’s claim.

Can Passengers File Claims Against More Than One Driver in Virginia?

In multi-vehicle accidents, a passenger may be able to file claims against more than one driver if multiple parties contributed to the crash. This is common in rear-end collisions, intersection crashes, or chain-reaction accidents where fault is shared.

What Types of Compensation Can an Injured Passenger Seek After a Car Accident?

Injured passengers may be able to recover compensation for losses such as:

• Medical bills and future treatment

• Lost wages and reduced ability to work

• Pain and physical discomfort

• Ongoing care needs caused by the injury

The exact damages depend on the nature of the injuries and how they affect daily life.

Should a Passenger Speak With the Insurance Company After a Car Crash?

Passengers are often contacted by insurance adjusters soon after a crash. While adjusters may seem helpful, their goal is to limit payouts. Speaking with a lawyer before giving detailed statements can help ensure your rights are protected and your injuries are fully considered.

When Should an Injured Passenger Talk to a Lawyer?

It is a good idea to speak with a lawyer as soon as possible after the accident. Early advice helps preserve evidence, clarify insurance coverage, and avoid mistakes that could affect the claim. Virginia also has strict filing deadlines. Under Va. Code § 8.01-243(A), personal injury claims generally must be filed within two years of the date of the accident. Prompt legal support is especially important in complex crashes or when serious injuries are involved. Getting legal guidance early helps ensure important deadlines are not missed.

Schedule a Free Consultation With Our Winchester, VA Car Accident Attorneys

Passenger injury claims can be complex, especially when they involve friends, family members, or multiple drivers. At Parthemos, Curran, Buelow and Polizzi, PLLC, we provide aggressive, personal representation and carefully select cases we are willing to fight for in court. With more than 120 years of combined experience, we take on complex cases that other firms will not. We’re also highly responsive throughout the process, maintaining strong communication and consistent follow-up with clients.

If you were injured as a passenger in a car accident, contact our Strasburg, VA car accident lawyers today. Call 540-662-4222 to schedule your free consultation.