How Much Money Can a Passenger in a Car Accident Get?

Just because you weren’t behind the wheel doesn’t mean you can’t recover damages. If you’ve been injured in a crash, you’re probably wondering, how much money can a passenger in a car accident get?

Understanding Your Rights as an Injured Passenger in Ontario

If you were an Ontario car accident passenger, you are entitled to seek compensation for your injury regardless of whether you were driving or not. Under Ontario’s automobile insurance plan, injured passengers might receive accident benefits, insurance claims, and even a civil tort claim against the driver of the vehicle who created the accident.

Types of Compensation Available for Injured Passengers

Whether the crash involved more than one driver, multiple vehicles, or a single-vehicle accident, riders can be entitled to seek the following:

1. Accident Benefits Under Ontario’s Insurance Act

In Ontario, passengers can claim accident benefits through:

• The driver’s insurance policy of the car they were in
• Their own auto insurance policy
• The insurance company of another vehicle involved
• Ontario’s Motor Vehicle Accident Claims Fund if no insurance is available

These no-fault accident benefits may include:

• Medical and rehabilitation benefits (e.g., physiotherapy, chiropractic care, surgeries)
• Income replacement benefits if you’re unable to work
• Attendant care benefits for personal assistance needs
• Non-earner benefits if you are not entitled to income replacement
• Caregiver benefits (in specific cases)

These benefits will be available to riders who were injured in any type of motor vehicle accident, even if they were not at fault.

2. Tort Claim Against the Faulty Motorist

If the accident was caused by another driver (or your driver), you might also be able to make a civil tort claim for additional compensation.

A lawsuit can recover:

• Pain and suffering (non-economic damages)
• Lost wages and future earning capacity
• Medical expenses and future medical bills
• Rehabilitation expenses and accident benefit covered treatment
• Additional benefits such as loss of companionship (in wrongful death cases)

Your injuries must meet Ontario’s “threshold” for a serious and lasting impairment in order to recover non-economic losses such as pain and suffering.

Factors That Determine How Much Money a Passenger Can Get After a Car Accident

The amount of compensation an injured passenger gets is determined by the following:

• The type of injuries you incurred (e.g., soft tissue injuries, chronic pain, or traumatic brain injury)
• Whether you incurred a permanent disability
• Whether or not you are still able to work or earn future earnings
• The amount of available insurance coverage from involved drivers
• Whether it was a multi-vehicle collision with joint liability
• The terms of your own insurance policy or auto insurance policy of the driver

Each case is unique. A passenger with minor soft tissue injuries may receive a modest settlement, while someone suffering a catastrophic injury may be entitled to a much larger car accident settlement.

What to Do After Being Injured as a Passenger in a Car Accident

If you’re a passenger injured in a car accident, take the following steps:

1) Seek medical attention immediately, even for minor injuries

2) Alert the police and report the accident and file claims with the insurance company

3) Notify your own insurance company (if you have a car insurance policy

4) Do not give lengthy statements to the claims adjuster before seeking advice from a car accident lawyer

5) Seek advice from an attorney to determine your right to receive compensation

Severity of the Injury

Severity of injury is one of the major factors determining the amount of money that can be obtained by a car accident passenger.

Ontario law makes a distinction between minor injuries (such as soft tissue injuries) and serious impairment, including:

• Traumatic brain injury (TBIs)
• Spinal cord injury
• Fractures
• Chronic pain syndromes
• Psychological trauma (e.g., PTSD)

The Ontario Insurance Act creates a “threshold test” for tort claims so that the injury should be one of serious and permanent impairment of important physical, mental, or psychological function to recover pain and suffering damages. In case it is not, passengers can still claim Accident Benefits, but their overall compensation will be significantly lower.

Medical Expenses

Accident passengers who have been injured usually have high medical bills following a car accident, especially if they do not have additional insurance.

Some of the bills they might have are:

• Emergency car
• Surgery
• Repeating rehab and physiotherapy
• Medication
• Assistive equipment (e.g., wheelchairs, orthotics)
• Psychological therapy

In Accident Benefits, they are largely covered to up to specific amounts. In case of non-catastrophic injuries, medical and rehabilitation benefits are capped at $65,000, while catastrophic injuries can receive up to $1,000,000 in benefits under standard auto policies. Benefits might be topped up if you had purchased enhanced coverage.

Ability to Work After an Injury

If the injury causes temporary or permanent loss of the capacity to work, you will qualify for:

• Income Replacement Benefits: A maximum of 70% of your gross income, up to $400/week (or higher if optional coverage increases this amount)
• Non-earner Benefits: $185/week if you’re unable to live a normal life but don’t qualify for income replacement (e.g., students or unemployed individuals)
• Future loss of earning capacity: Included in tort claims if your career or long-term income potential is affected

Insurance Coverage

The insurance coverage present will have a big bearing on your possible car accident settlement.

In Ontario, passengers can pursue benefits under several policies depending on the circumstances:

• The insurance policy of the automobile of the driver who they were riding with
• Their own automobile insurance policy or own insurance
• The insurance company of the at-fault driver
• The Motor Vehicle Accident Claims Fund (for uninsured passengers or for uninsured drivers involved)

The minimum liability coverage in Ontario is $200,000, but most motorists take optional coverage for $1 million or higher. If there are multiple injured passengers, the available limits will need to be apportioned between multiple claims. Optional benefits such as increased income replacement limits, medical expense benefits, and catastrophic coverage can also affect the final payment.

Compensation

Maximizing Your Compensation:

• Seek medical attention immediately, no matter how minor the injury.
• Record medical treatment, costs, and lost hours off work in detail.
• Don’t settle for early settlement offers by the insurance company.
• Reach out to a personal injury attorney before speaking with a claims adjuster.
• File both accident and tort benefits claims if required.
• Understand the difference between tort compensation and legislative benefits.

Liability

Claiming liability on a car accident is critical for the success of a civil tort claim.

As an average passenger, you’re not liable unless you, by some action, caused the accident (interfering with the driver, getting into a known stolen vehicle, etc.).

Common Challenges Passengers Face When Filing a Claim

Even though injured passengers are usually not at fault, filing a car accident passenger claim in Ontario can be complicated. Common issues include:

• Confusion about which insurance policy applies (your own, the driver’s, or another involved vehicle)
• Limited insurance coverage when multiple injured passengers are sharing one policy
• Disputes over injury severity, especially with soft tissue injuries or chronic pain
• Blame-shifting between drivers, delaying your claim
• Insurance denials and delays for benefits like medical expenses or income replacement

Seek Legal Help from a Car Accident Lawyer

A trusted personal injury lawyer can help you:

• File the right insurance claims
• Access accident benefits quickly
• Maximize your compensation
• Deal with the insurance company
• Pursue a fair settlement or go to court if needed

At Grillo Law, we work on a no-win, no-fee basis. Contact us today for a free consultation and get the support you need.