Being a passenger in a car accident often leaves people feeling helpless and uncertain about their legal rights. Unlike drivers who may bear some responsibility for an accident, passengers typically have no fault in the collision, placing them in a unique legal position when seeking compensation for their injuries. Pennsylvania’s complex insurance system, which gives drivers choices between different types of coverage, can make understanding passenger rights even more challenging for those unfamiliar with the state’s laws.
When you suffer injuries as a passenger, you face multiple potential sources of compensation, but navigating these options requires understanding Pennsylvania’s “choice no-fault” system and how it affects your claim. At Rubin, Glickman, Steinberg & Gifford, we have helped Pennsylvania accident victims for over 65 years, including passengers who need guidance through the complex process of securing fair compensation for their injuries.
Pennsylvania’s Choice No-Fault Insurance System
Pennsylvania is one of a handful of states that follows the choice no-fault rule, which allows drivers to carry no-fault or traditional insurance. Pennsylvania drivers must choose between limited tort and full tort coverage when purchasing their auto insurance policies. This choice significantly impacts what compensation passengers can recover after an accident.
If the driver has chosen no-fault insurance, passengers can usually claim medical expenses and lost wages through the driver’s personal injury protection (PIP) coverage. However, if injuries are severe or meet specific legal criteria, passengers might also have the right to pursue further compensation through a tort claim against the at-fault driver. Understanding which type of coverage applies to your situation becomes crucial in determining the full scope of your available compensation.
Sources of Compensation for Injured Passengers
Passengers are covered under a driver’s medical benefits in the event of an accident and also may be covered under liability insurance. All drivers are required to carry medical insurance benefits of no less than $5,000 to cover injuries to both the driver and passengers, regardless of who caused the accident. However, this minimum coverage often proves insufficient for serious injuries, making additional sources of compensation essential.
A passenger’s own car insurance coverage will also provide compensation for injuries. Since every automobile insurance policy in Pennsylvania must include no less than $5,000 of medical payments coverage or personal injury protection (PIP), these can be especially beneficial for covering immediate medical expenses, regardless of who was at fault in the accident. Passengers also have the option to pursue third-party claims against other drivers involved in the accident, potentially providing access to additional compensation sources when multiple vehicles are involved in the collision.
Limited Tort vs. Full Tort Coverage Impact
According to Title 75, Section 1705 of Pennsylvania Law, drivers can choose either full tort or limited tort insurance. If a passenger has only limited tort coverage, then only economic damages like medical expenses can be recovered unless the passenger has suffered from a serious injury. The definition of “serious injury” typically requires permanent impairment, disfigurement, or injuries that go beyond simple soft tissue damage like whiplash.
Full tort coverage offers peace of mind knowing that you have full legal recourse in the event of an accident. Pedestrians and bicyclists hit by a car in Pennsylvania are not bound by limited tort restrictions, regardless of their own auto policy. This means passengers generally have more flexibility in pursuing compensation than drivers might, especially when they can access multiple insurance policies or pursue claims against truly at-fault parties.
Rubin, Glickman, Steinberg & Gifford: Protecting Passenger Rights
Passenger accident cases often involve multiple insurance companies, complex coverage issues, and disputes over the extent of injuries and appropriate compensation. Our experience with car accident cases includes helping passengers navigate Pennsylvania’s unique choice no-fault system and pursue all available sources of compensation. We understand how to coordinate claims between different insurance policies while building strong cases for maximum recovery.
Whether you need help understanding your insurance options, dealing with uncooperative insurance adjusters, or pursuing litigation against at-fault drivers, our attorneys have the knowledge and resources to protect your interests. Our recognition as a “Best Law Firm” by U.S. News & World Report every year since 2010 reflects our commitment to obtaining favorable results for our clients, including passengers who deserve full compensation for their injuries. Contact us today at (215) 822-7575 or through our online contact form to discuss your passenger accident case and learn how we can help you secure the compensation you deserve.
Rubin, Glickman, Steinberg & Gifford P.C.
Pennsylvania Attorney's
October 1, 2025
