Can You Recover Damages if You Were a Passenger in a Maryland Car Accident?

 Posted on November 30, 2025 in Car Accidents

As a passenger in a vehicle, you are just as susceptible to injuries during a car crash as anyone else involved. Maryland law gives passengers the right to seek compensation, but the process can be complicated. Having an experienced Washington County, MD car accident lawyer on your side can make a significant difference. At Serafini Law, we can help you understand your rights, and we will handle the insurance company so you do not have to deal with a combative adjuster.

Who Is Responsible for Covering Passenger Damages in Maryland?

After a car accident, the driver who caused the crash is generally responsible for the damages. Maryland follows an at-fault insurance system, and that means that the person at fault must cover the costs of injuries and property damage through their insurance policy. The driver’s liability insurance usually covers an injured passenger’s medical costs and related losses.

Can You File a Claim Against the Driver of Your Own Vehicle After a Crash?

You may feel uneasy about filing a claim against the person who was driving the car you were in, especially if that person is a friend or family member. It is important to understand that you are not suing them personally. You are filing a claim through their insurance policy.

If your driver acted carelessly, for example by speeding, texting, or driving under the influence, you can pursue compensation for your injuries. Insurance is designed to cover these situations and protect both drivers and passengers. An attorney can handle communication with the insurance company, which can help you preserve relationships.

What if the Other Driver Caused the Crash?

If another motorist caused the accident, you can file a claim against that driver’s insurance policy. Maryland requires all drivers to carry minimum liability coverage under Md. Code, Transportation §17-103. This ensures that injured passengers can receive compensation for medical costs, lost income, and other damages.

If both drivers share blame, determining fault becomes more complicated. In these cases, insurance companies often dispute responsibility. An attorney can collect evidence to help prove who was truly at fault. This may include traffic camera footage, accident reconstruction reports, and cell phone records. If the other driver does not have insurance or too little coverage, you can use your own uninsured or underinsured motorist benefits to cover your losses.

What Damages Can Passengers Recover After a Maryland Car Accident?

Passengers can experience lasting physical pain and emotional trauma after a crash. Maryland law allows you to pursue both economic and non-economic damages. These may include:

• Medical expenses and future treatment costs

• Lost wages or reduced earning ability

• Pain and suffering

• Emotional distress

• Property damage to personal belongings

A qualified attorney can calculate the full value of your claim and negotiate with insurers for a fair settlement. Never agree to a quick payout before you understand the long-term impact of your injuries.

Schedule a Free Consultation With a Hagerstown, MD Car Accident Attorney

Car accident claims come with unique challenges. Attorney Andrew A. Serafini, Jr., a lifelong Hagerstown resident, has more than 12 years of legal experience. He prides himself on being supportive with his clients but aggressive when dealing with insurance companies and other defendants. 

If you were injured as a passenger in a car accident, call 240-744-1600 today to schedule a free consultation with a Washington County, MD car accident lawyer who will fight for you. We work on contingency, so you pay nothing unless your case is successful.