What If I’m Injured as a Passenger in Someone Else’s Car?
If you’re injured as a passenger, you’re in a better position than most people realize. You didn’t cause the crash — and that usually means multiple insurance policies may apply .
Here’s how it works in Delaware and Pennsylvania.
Passengers Are Almost Never “At Fault”
As a passenger, you’re rarely blamed for causing a crash. That means you generally have the right to pursue compensation regardless of which driver caused the accident.
The real question isn’t whether you have a claim — it’s which insurance applies first .
Who Pays Your Medical Bills First Depends on the State
Delaware
In Delaware, the car you were riding in pays first for medical bills through PIP (Personal Injury Protection).
It doesn’t matter:
- Who caused the crash
- Whether the driver was your friend or family member
The vehicle you were in is first in line for PIP coverage.
Pennsylvania
Pennsylvania works differently.
If you have your own car insurance , your own PIP coverage pays first — even though you weren’t driving.
If you don’t have your own policy:
- You can use the PIP from the car you were riding in
This surprises a lot of people, but it’s how PA’s no-fault system works.
Can You Sue the Driver You Were Riding With?
Sometimes, yes.
If the driver of the car you were in caused the crash , you can still make a claim against that driver’s insurance — even if they’re a friend or family member.
That’s uncomfortable for people to hear, but it’s important to understand:
- You’re not suing them personally
- You’re making a claim against their insurance
And that’s what insurance is there for.
What If Another Driver Caused the Crash?
If a different driver caused the accident, you can pursue a claim against that driver’s insurance , in addition to using PIP to cover your initial medical bills.
In serious injury cases, underinsured motorist coverage (UIM) may also come into play if the at-fault driver doesn’t have enough insurance.
Final Word
Passengers often have strong claims because they’re not responsible for the crash. The key is understanding which insurance applies first and not assuming you’re limited to just one option.
Need Help?
If you were injured as a passenger and aren’t sure which insurance should be paying — or you’re being told conflicting information — getting clarity early can make a big difference in how your claim plays out.



