If you were hurt while riding as a passenger in a vehicle involved in a car accident in Canada, it’s completely natural to have questions about your legal options—especially when it comes to holding someone accountable for your injuries. One of the most common questions people ask in this situation is whether they can take legal action against the driver of the vehicle they were in.

The short answer is yes—you can sue the driver if they were at fault for the accident. However, pursuing a claim involves a number of important legal and procedural factors that should be carefully considered before moving forward. Understanding these elements is key to making informed decisions about your rights and the compensation you may be entitled to.

What Are Your Rights as an Injured Passenger?

As a passenger in a motor vehicle accident, you are typically not considered responsible for the crash. This means you are entitled to pursue compensation for any injuries you’ve sustained. 

There are two main ways to obtain this compensation: (1) by accessing accident benefits and (2) by filing a tort claim against the at-fault party.

Accessing Accident Benefits

Canada primarily operates under a “no-fault” insurance system, allowing injured parties to claim accident benefits regardless of who caused the accident. 

These benefits can cover:

  • Medical and rehabilitation expenses
  • Income replacement if you’re unable to work
  • Attendant care if you require assistance
  • Other related costs

If you hold your own auto insurance policy, you would usually apply for accident benefits through your own insurer. However, if you don’t have personal coverage, you can seek benefits through the insurance provider of the driver involved in the crash—or, in certain situations, access support through different provincial programs such as the Ontario Motor Vehicle Accident Claims Fund.

Pursuing a Tort Claim

Beyond mere accident benefits, you may have the ability to file a tort claim against the at-fault driver(s) for additional compensation, such as:

  • Pain and suffering
  • Loss of enjoyment of life
  • Future medical expenses
  • Loss of future income

It’s important to note when considering this option that in some provinces, like Ontario for instance, there are thresholds and deductibles that apply to tort claims for pain and suffering.

Suing the Driver: What You Need to Know

If the driver of the vehicle you were in is at fault, you have the ability and choice to sue them for your injuries. While this might feel uncomfortable, especially if the driver is a friend or family member, it’s essential to understand that:

  • The legal claim is generally directed at the driver’s insurance provider, not the individual themselves. 
  • While their insurance rates may rise, that’s a common outcome following any at-fault collision, whether or not a lawsuit is involved. 
  • Ultimately, your health and recovery should take precedence above all else.

Steps to Take After the Accident

  1. Seek Medical Attention: Even if injuries seem minor, get evaluated by a healthcare professional.
  2. Document Everything: Collect all relevant information including names, contact information, and insurance details. Also take photos of the accident scene and your injuries.
  3. Report the Accident: Notify the police and your insurance company about the incident.
  4. Consult a Personal Injury Lawyer: They can guide you through the process, ensure your rights are protected, and help you get the compensation you deserve.

Conclusion

Suffering injuries as a passenger in a car accident can be a distressing and overwhelming experience. However, it’s important to know that you have legal rights and multiple avenues for pursuing compensation for this unfortunate event. Whether you access accident benefits or decide to file a tort claim, taking prompt and informed action is key to safeguarding your well-being and securing the support you need. Speaking with a qualified personal injury lawyer can help you better understand your options and guide you through the recovery process with confidence. The team of lawyers at NOVA Injury Law are ready to help support you. For more information or to book a free consultation, reach out to them at info@novainjurylaw.com.