Passengers are often the forgotten victims of car accidents — not behind the wheel, but still left with serious injuries, emotional trauma, and growing medical bills. If you were riding in a vehicle involved in a crash in Kansas, you may be wondering: Can I file a car accident claim as a passenger in 2025?
The answer is yes. Under Kansas law, injured passengers have the same right to seek compensation as drivers. In fact, your claim may be even more straightforward, since you were not responsible for causing the crash. Whether the driver of your vehicle was at fault or another vehicle caused the accident, you may be eligible to recover for your injuries, lost income, and pain and suffering.
Are Passengers Entitled to Compensation After a Car Accident in Kansas?
Yes. Passengers have the legal right to pursue compensation if they are injured in a car accident, regardless of who caused the crash. Whether the driver of the other vehicle was at fault or your own driver made a mistake, you can file a claim to recover damages related to your injuries.
Because passengers are rarely found at fault in a crash, they are often seen as the “innocent party” and typically have a clear path to compensation — assuming the correct steps are taken.
Who Can a Passenger File a Claim Against?
In Kansas, you may be able to pursue compensation from one or more of the following parties, depending on how the accident occurred:
- The driver of another vehicle: If the other driver caused the accident, you can file a claim through their auto insurance policy.
- The driver of the car you were riding in: If your driver was at fault — even if they’re a friend or family member — their insurance may still cover your injuries.
- Multiple drivers: In collisions involving several vehicles, fault may be shared. As a passenger, you may be able to file claims with each at-fault driver’s insurer.
- Your own insurance policy: If the at-fault driver is uninsured or underinsured, you may be able to use your own PIP or uninsured motorist coverage to help cover medical expenses and other losses.
It’s also worth noting that Kansas is a no-fault state. This means that your initial medical expenses may be covered through Personal Injury Protection (PIP) benefits, regardless of who was responsible for the crash. Most Kansas auto policies include at least $4,500 in PIP coverage for medical bills, along with potential reimbursement for lost wages and rehabilitation costs.
At Riedmiller, Andersen & Scott, we help injured passengers determine the best course of action based on the specifics of the crash and available insurance coverage.
What Can Passengers Recover in a Kansas Car Accident Claim?
Injured passengers may be entitled to both economic and non-economic damages. These include:
- Medical bills (including emergency treatment, hospital care, and follow-up visits)
- Physical therapy or long-term rehabilitation
- Lost wages due to missed work
- Loss of future earning potential (for long-term or permanent injuries)
- Pain and suffering
- Emotional distress or trauma
Your compensation may first come from your own PIP benefits, but if your losses exceed those limits — which is often the case in more serious accidents — you can file a third-party claim against the at-fault driver’s insurance to pursue additional compensation.
What If the At-Fault Driver Is a Friend or Relative?
Many passengers are hesitant to file a claim if the at-fault driver is someone they know — a friend, co-worker, or even a spouse. However, it’s important to understand that your claim is made against their insurance company, not them personally. Their insurer is responsible for paying the claim under the terms of the policy, not out of the driver’s pocket.
If you're concerned about damaging a personal relationship, remember: the purpose of auto insurance is to protect everyone in the event of a crash, including passengers. Filing a claim simply uses the coverage that’s already in place for exactly this type of situation.
How Is Fault Determined in Kansas?
Kansas follows a comparative fault system — specifically, modified comparative fault with a 50% bar. This means:
- You can recover damages as long as you are found less than 50% at fault for the crash.
- If you are 50% or more at fault, you cannot recover compensation from other parties.
As a passenger, your fault will rarely be questioned — unless you somehow contributed to the crash (e.g., distracting the driver or interfering with the vehicle). That said, insurance companies may still try to shift blame to minimize payouts, especially in complex multi-vehicle collisions.
How Long Do You Have to File a Claim?
In Kansas, the statute of limitations for personal injury claims — including those by injured passengers — is two years from the date of the accident. If you fail to take legal action within that window, you may lose your right to pursue compensation entirely.
It’s also important to act sooner if the crash involved a government vehicle (such as a city bus or municipal truck), as special deadlines and notice requirements may apply.
What Should You Do After the Accident?
If you’ve been injured as a passenger in a crash, here are key steps to take to protect both your health and your legal rights:
- Call 911: Always make sure the crash is reported to law enforcement, even if injuries seem minor at first.
- Get medical care right away: Delaying treatment can make injuries worse and weaken your claim.
- Document everything: Take photos of the accident scene, get the contact info of all drivers and witnesses, and keep records of your injuries and expenses.
- Avoid quick settlements: Insurance adjusters may offer lowball amounts to settle fast. Don’t sign anything without legal advice.
- Talk to a car accident attorney: A personal injury lawyer can identify the best strategy to maximize your compensation and hold the right parties accountable.
If you were injured while riding in a vehicle involved in a car accident, you don’t have to face the process alone. Contact us today to schedule a free consultation. We’ll explain your rights, review your case, and help you recover the compensation you deserve.
