This article was last updated: Oct. 9th, 2026
Passengers can suffer serious injuries in a car accident even though they had no control over the crash.
You may have been riding with a friend, family member, co-worker, taxi driver, or rideshare driver. You may feel uncomfortable making a claim, especially if the driver was someone you know.
However, injured passengers have legal rights.
In most cases, a passenger is not responsible for causing the accident. You may qualify for no-fault accident benefits and may also have a claim against one or more at-fault drivers.
The rules are different in Nova Scotia, New Brunswick, Prince Edward Island, and Newfoundland and Labrador. This article explains the main rights of injured passengers across Atlantic Canada.
Can an Injured Passenger Make a Claim?
Yes.
An injured passenger can usually seek compensation when a driver’s careless actions caused or helped cause the accident.
A passenger may have two types of claims.
The first is for no-fault accident benefits. These benefits may help pay for treatment, rehabilitation, income loss, and other expenses. They may be available before fault is decided.
The second is a legal claim against the driver or drivers who caused the accident. This claim may cover losses that accident benefits do not fully pay.
In many cases, a passenger can receive accident benefits and also make a claim against an at-fault driver.
Can Passengers be at Fault?
Passengers are rarely at fault because they are not driving.
However, a passenger’s actions may matter in unusual cases. For example, a passenger may distract the driver, grab the steering wheel, encourage unsafe driving, or knowingly ride with an impaired driver.
Compensation may also be reduced if the passenger was not wearing a seatbelt and this made the injuries worse.
Simply riding with a driver does not make the passenger responsible for the driver’s mistakes.
Who Can a Passenger Make a Claim Against?
The answer depends on how the accident happened.
If another driver caused the crash, the passenger may claim against that driver.
If the driver of the passenger’s vehicle caused the crash, the passenger may claim against that driver.
If several drivers were at fault, the passenger may be able to claim against each of them.
For example, one driver may have made an unsafe left turn while another driver was speeding. A court could decide that both drivers were partly responsible.
The passenger does not need to decide the exact share of fault before starting a claim. The insurers, lawyers, and court can review the evidence and divide responsibility.
Can I Sue the Driver of the Vehicle I Was In?
Yes, if that driver caused or helped cause the accident.
This can feel uncomfortable when the driver is a friend, spouse, parent, child, co-worker, or other family member.
However, the claim is usually handled by the driver’s insurance company. The insurer will normally investigate the accident, defend the driver if a lawsuit is filed, and pay compensation up to the policy limit.
Making a claim does not mean you are personally attacking someone close to you. It means you are using the insurance coverage bought for this type of situation.
Can I Make a Claim Against Both Drivers?
Yes.
A passenger injured in a two-vehicle or multi-vehicle crash may have a claim against every driver who helped cause the accident.
Each driver may be given a percentage of fault. This is usually an issue between the drivers and their insurers. It does not stop an innocent passenger from seeking compensation.
These claims can become complicated because each insurer may blame someone else. Useful evidence may include police reports, witness statements, photographs, camera footage, vehicle damage, and expert reports.
What If I Was Injured in a Taxi or Rideshare Vehicle?
Passengers injured in taxis, rideshare vehicles, shuttles, and other commercial vehicles may also have claims.
The responsible party could be the taxi or rideshare driver, another driver, the owner of a commercial vehicle, or a company responsible for the driver.
Rideshare claims may involve several insurance policies. Coverage may depend on whether the driver was logged into the app, waiting for a ride, travelling to pick someone up, or carrying a passenger.
Save the trip receipt, app records, driver information, vehicle details, and messages connected to the ride.
What Compensation Can an Injured Passenger Receive?
Compensation depends on the passenger’s injuries and losses.
A claim may include money for pain, suffering, and loss of enjoyment of life. This covers the effect the injuries have had on daily activities, independence, hobbies, and relationships.
A passenger may also claim past income loss. If the injuries affect future work, the claim may include future income loss or reduced earning ability.
Other losses may include medical costs, medication, rehabilitation, travel expenses, housekeeping help, home maintenance, caregiving, and future care.
If a passenger dies in the accident, certain family members may also have claims under provincial law.
What Are No-Fault Accident Benefits?
Automobile insurance policies in Atlantic Canada usually include accident benefits.
These benefits are often called Section B benefits.
They may help pay for physiotherapy, chiropractic treatment, massage therapy, medication, rehabilitation, income loss, funeral costs, and death benefits.
“No-fault” does not mean that nobody caused the accident. It means that certain benefits may be available without waiting for fault to be decided.
A passenger may qualify even if the driver of their vehicle caused the crash.
Which Insurance Company Pays Accident Benefits?
The answer depends on the province and the insurance policies involved.
A passenger may apply through their own insurer or through the policy covering the vehicle they were in.
A passenger who does not own a vehicle or have their own policy may still qualify through another policy.
Because several policies may appear to apply, the accident should be reported quickly. Legal advice can help identify the correct insurer.
Can I Receive Accident Benefits and Still Sue?
In many cases, yes.
Accident benefits may provide early help with treatment, rehabilitation, and income loss.
A claim against the at-fault driver may cover pain and suffering, future care, full income loss, reduced earning ability, and other long-term losses.
A person cannot usually be paid twice for the same expense. Some accident benefits may be deducted from the final settlement or court award.
However, this does not normally mean the passenger must choose only one claim.
What If the At-Fault Driver Was Uninsured?
An injured passenger may still have options if the at-fault driver had no insurance.
Coverage may be available through an uninsured automobile part of another policy. This could be the passenger’s policy, a family member’s policy, or the policy covering the vehicle they occupied.
If no regular policy applies, another process may be available. Some claims may involve the Facility Association.
These claims can have strict notice rules, so the accident should be reported right away.
What If the Driver Left the Scene?
A passenger may still have a claim after a hit-and-run accident.
Unidentified motorist coverage may apply if the driver cannot be found. The injured person may need to show that reasonable efforts were made to identify the vehicle and driver.
Report the accident to police as soon as possible. Collect witness names, photographs, vehicle details, camera footage, and records from nearby businesses.
Insurance policies may also have short notice deadlines.
What Should an Injured Passenger Do After the Accident?
Get medical care as soon as possible.
Call 911 if emergency help is needed. Some symptoms, including concussion and whiplash, may appear or become worse after the accident.
Report the collision to police when required.
Get the names, contact information, licence plate numbers, and insurance details of all drivers.
Ask witnesses for their contact information. Take photographs of the vehicles, road, signs, weather, visible injuries, and anything else that may explain the crash.
Keep medical records, receipts, prescriptions, work records, and messages from insurance companies.
Follow medical advice and attend treatment appointments. Long gaps in care may allow an insurer to argue that the injuries were not serious.
How Can a Passenger Build a Strong Claim?
Report your symptoms honestly and clearly.
Tell medical providers how the accident happened, where you feel pain, when the symptoms started, and how they affect your daily life.
Keep records of missed work, reduced hours, lost contracts, sick days, and changes to your job duties.
A recovery journal may also help. Record pain, headaches, sleep problems, driving anxiety, treatment, missed events, and limits on household tasks.
Save all receipts connected to the accident. Small expenses can add up over time.
Should I Give a Recorded Statement?
An insurance adjuster may ask for a recorded statement soon after the accident.
You may need to cooperate with your own insurer or the insurer paying accident benefits. However, the at-fault driver’s insurer is protecting its own interests.
Statements may later be compared with medical records, police reports, and court evidence.
Do not guess about speed, distance, fault, or how long recovery will take. In a serious or disputed claim, get legal advice before giving a detailed statement.
What Is an Independent Medical Examination?
An insurer may ask a passenger to attend an independent medical examination, often called an IME.
The examiner may review the injuries, diagnosis, treatment needs, ability to work, and expected recovery.
Although it is called independent, the examiner is usually selected and paid by the insurance company.
Passengers should attend any examination they are legally required to attend. They should answer honestly and clearly explain their symptoms and limits.
Should I Accept the First Settlement Offer?
Not before understanding the full value of the claim.
An early offer may be made before you know whether the injuries will fully heal. Some injuries lead to chronic pain, mental health symptoms, permanent limits, future treatment, or long-term work problems.
A settlement usually requires you to sign a release. Once signed, the claim is normally over. You cannot return for more money if your injuries become worse.
Before accepting an offer, understand your diagnosis, expected recovery, future care needs, income loss, and long-term limits.
What Affects the Value of a Passenger Injury Claim?
There is no standard settlement amount.
The value depends on the type and severity of the injuries, recovery time, treatment needs, and whether the injuries are permanent.
Other factors include the passenger’s age, job, income, future care needs, ability to work, daily responsibilities, and the strength of the evidence.
Two passengers in the same accident may receive different amounts because their injuries and losses are different.
Do Minor Injury Caps Apply?
Nova Scotia, New Brunswick, and Prince Edward Island have rules that may limit pain-and-suffering awards for certain minor injuries.
Whether the cap applies depends on the medical evidence and the legal definition of a minor injury in that province. An insurer cannot decide the issue simply by calling an injury minor.
Newfoundland and Labrador does not have the same minor injury cap system. However, a legal deductible may reduce some pain-and-suffering awards.
The rules and yearly amounts can change, so current legal advice is important.
Are the Rules Different Across Atlantic Canada?
The main rights are similar across Atlantic Canada.
In Nova Scotia, New Brunswick, Prince Edward Island, and Newfoundland and Labrador, an injured passenger may have access to accident benefits and may also claim against an at-fault driver.
However, each province has different benefit limits, caps, deductibles, forms, deadlines, and court rules.
The province where the accident happened will often decide which rules apply. The passenger’s home province, vehicle registration, and insurance policy may also matter.
How Long Do I Have to Start a Claim?
In many Atlantic Canadian injury cases, the general time limit is two years from the date the claim was discovered. In a normal car accident case, this is often the date of the crash.
However, other deadlines may apply.
Insurance forms and notices may be required much sooner. Special rules may apply to claims involving governments, municipalities, uninsured drivers, hit-and-run drivers, children, or deceased persons.
Newfoundland and Labrador also has a special notice rule that may affect prejudgment interest.
Do not wait until the two-year deadline is close. Evidence can disappear much sooner.
What Mistakes Should an Injured Passenger Avoid?
Do not delay medical care because you hope the symptoms will go away.
Do not miss treatment without a good reason. Avoid giving different versions of the accident to police, doctors, insurers, and lawyers.
Be careful about social media. Insurers may review public posts about your injuries, work, travel, exercise, or settlement.
Do not sign a release or accept a final offer before understanding the future effect of your injuries.
Do not assume you have no claim because the driver was a friend or family member.
How Can a Personal Injury Lawyer Help?
A personal injury lawyer can investigate the crash and identify who may be responsible.
The lawyer may collect police reports, medical records, witness statements, camera footage, insurance policies, work records, and expert opinions.
A lawyer can also identify the correct insurer, deal with adjusters, calculate your losses, negotiate a settlement, and start a lawsuit when needed.
Many personal injury lawyers use contingency fee agreements. This usually means legal fees are paid from the compensation recovered rather than at the start of the case.
The agreement should explain the fee, expenses, taxes, and what happens if the claim is unsuccessful.
Contact NOVA Injury Law
An injured passenger should not have to deal with several insurance companies while trying to recover.
You may have a valid claim even if the at-fault driver was a friend, family member, taxi driver, rideshare driver, or the driver of the vehicle you occupied.
NOVA Injury Law represents injured people across Nova Scotia, New Brunswick, Prince Edward Island, and Newfoundland and Labrador. Our team can explain your accident benefits, investigate fault, find available insurance, and help you seek fair compensation.
Contact NOVA Injury Law for a free consultation at 902-510-4870 or info@novainjurylaw.com.
The post What Are My Rights as an Injured Passenger? appeared first on NOVA Injury Law.