Can Passengers File a Car Accident Injury Claim in Texas?

Yes, as a passenger in a Texas car accident, not only do you have the right to file an injury claim, but you are typically in a stronger legal position than either driver.

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Here is why: Texas follows a legal doctrine known as “modified comparative negligence” under Texas Civil Practice and Remedies Code § 33.001. That rule states that a driver cannot recover a full 100% of their damages if they were partially at fault. Under this doctrine, the amount they can recover has to be reduced by their percentage of fault. So if a driver is 25% at fault for an auto accident, that driver could only recover 75% of their damages (and if they are more than 50% at fault, they recover nothing at all.)

The reason this works in the favor of a car accident passenger claim is that passengers typically have nothing to do with the accident; they didn’t cause it. And that means that passengers can usually recover 100% of their damages, limited only by the available insurance coverage.

Who Can Passengers File a Claim Against?

First off, there is never anything “good” about a car accident, but as a passenger it is important to understand that the “good news” is that you may have more than one party to pursue.

If the driver of your vehicle caused the crash, you can certainly file a claim against their liability insurance. If the other driver caused it, you would file against theirs. And if both drivers were to blame, say, one was speeding, the other ran a red light, you can file against both.

This is another reason why a passenger in a car accident is usually in the strongest legal position. Suing two drivers is not an option available to either driver.

Who Pays for Passenger Injuries?

Texas requires every driver to carry minimum liability coverage of $30,000 per injured person, and up to $60,000 per accident. (Transportation Code § 601.073.) Those are minimums, not maximums. If the at-fault driver carries more coverage than that, you can recover more.

But the minimums matter.

If two passengers are seriously hurt and the at-fault driver only carries the state minimum, that $60,000 is split between them. $30,000 each does not cover much after a serious accident. The remedy for that gap is additional coverage, starting with your own.

Woman going to file a Texas passenger car accident injury claim

The Coverage You May Not Know You Have

There are three additional sources of potential recovery for a passenger injured in a Texas car accident.

First, the Texas Insurance Code § 1952.152 requires insurers to offer personal injury protection, or PIP, with every auto policy. If the driver of your car has PIP, it covers you as a passenger if there was an accident and you were injured; there is no requirement that you prove that your driver was at fault.

Next, and here is something most people miss: If you own your own car and carry PIP, that policy can also apply to injuries you suffer as a passenger in someone else’s vehicle.

And finally, the same is true if you carry your own uninsured/underinsured motorist coverage. Under Texas Insurance Code § 1952.101, if the at-fault driver does not carry enough insurance to cover your damages, your own UM/UIM coverage can step in, even though you were not driving your car when the accident happened.

In a good case, therefore, a passenger can recover from three potential sources: The at-fault driver’s liability policy, the driver’s PIP, and their own UM/UIM.

Fault and Liability

Passengers are rarely found at fault. But Texas car accident law does recognize that passengers carry a “duty of care” (i.e., a duty to act reasonably), and so there are a few, narrow circumstances where a passenger may share liability for a crash.

If, for example, you grabbed the steering wheel, or physically blocked the driver’s view, or encouraged an intoxicated person to drive, or otherwise took an action that contributed to the accident, an insurer or jury can find you partially at fault. And under the comparative negligence rule, that would reduce your recovery proportionally. 20% at fault means 80% recovery. More than 50% at fault means no recovery at all.

Most passengers never come close to that threshold, but knowing where the line is matters.

What If the Driver Was a Friend or Family Member?

This is where many injured passengers hesitate, and where the hesitation usually costs them.

Filing a claim does not mean suing your friend, or your mom, or whomever. It means making a claim against their insurance company, that’s all. The insurance company pays, not your loved one, and that is exactly why someone buys insurance.

That said, one additional thing worth knowing: Coverage and payouts can get more complicated when the passenger is a family member who lives in the same household as the driver. Some policies contain what is called a “household exclusion” that can limit or deny coverage in that situation. The policy language is written to obscure these distinctions, not explain them. A Houston car accident layer can tell you quickly where you stand.

Will Their Insurance Rates Go Up?

Possibly, but probably not because you filed.

Rate changes after an accident are driven primarily by the accident being reported to the insurer, not by whether a passenger submits a claim. If the crash was reported to police or to the insurance company, the rate calculation is already in motion.

Given that, not filing a claim does not protect your friend or family member from a rate increase. It just means you are the one paying for your medical bills and the missed work, and not the insurance company. But they are the ones who should be paying; that is their business, after all.

What You Can Recover as a Passenger in a Texas Car Accident

Texas law allows injured passengers to seek compensation for:

Past and future medical expenses
Lost wages and reduced earning capacity
Pain and suffering
Physical impairment
Mental anguish

In cases involving egregious conduct, such as a drunk driver, punitive damages may also be available under CPRC § 41.003.

The value of any claim turns on the severity of the injuries, how well the case is documented from the start, and the insurance coverage available.

Injured passenger after a car accident in Texas

Two Things that Can Reduce Your Recovery

Knowing your rights as a passenger matters. So does knowing what can cut into them.

The seatbelt defense: Texas Transportation Code § 545.413 requires passengers to wear seatbelts, and Texas courts allow evidence of non-use to reduce a passenger’s damages. If you were not buckled at the time of the accident, expect an adjuster or jury to factor that in.

The deadline: The statute of limitations for personal injury claims in Texas is two years from the date of the accident. (CPRC § 16.003.) Miss it and your claim is gone, regardless of how strong it is.

One important exception: If the vehicle involved was owned or operated by a government entity, the clock moves faster. This applies more often than people think. Houston METRO buses, City of Houston fleet vehicles, Harris County vehicles, TxDOT trucks, HISD school buses, and Houston Police Department units all qualify.

Under CPRC § 101.101, an injured person must provide written notice of their claim directly to the responsible government entity within six months of the accident. The two-year statute of limitations still applies, but the six-month notice requirement runs independently. Miss either window and the government entity may have a complete defense before the case ever begins.

The Time to Call a Lawyer is Now

If you have been injured as a passenger in a car accident, it’s best to consult an attorney to discuss your options. When it comes to these types of accidents, it’s important to put your health and recovery first. You did not cause the accident, and you deserve to receive the care necessary to fully recover (and you certainly shouldn’t have to pay for it out of your own pocket).

If you decide to seek compensation, a skilled Texas car accident attorney can help you navigate insurance claims, coverage layers, exceptions, deadlines, and negotiations when adjusters try to minimize what they pay out.

Armstrong Lee & Baker handles car accident passenger claims throughout Houston, Dallas, and the surrounding area. The consultation is free, and there is no fee unless we win. Contact us today to learn more.

Scott Armstrong

Scott Armstrong is the Managing Partner and co-founder of Armstrong Lee & Baker LLP. Known for his strategic insight and relentless pursuit of justice, Scott personally guides the firm’s approach to complex cases, including catastrophic injuries, vehicle accidents, workplace injuries, and product liability. His leadership has created a culture where excellence, innovation, and dedication to client success are paramount, and his influence is evident in every case the firm handles, often resulting in hundreds of millions recovered for clients.