Can a Passenger Sue After a Car Accident in Ontario?

Quick answer: Yes. A passenger injured in a car accident in Ontario may be able to sue the at-fault driver, including the driver of the vehicle they were riding in. The passenger may also have an accident benefits claim, which is separate from the lawsuit and can usually be started before fault is fully resolved.

This article deals with passenger injury claims only. For a broader explanation of Ontario car accident claims, including accident benefits, lawsuits, compensation, timelines, and insurer issues, see our Ontario car accident lawyers page.

Can a passenger sue after a car accident in Ontario?

Yes, a passenger can sue after a car accident in Ontario if any of the involved drivers were negligent.

That may include the driver of the vehicle the passenger was riding in, another driver, or more than one driver. In some cases, the owner of a vehicle may also be named in the lawsuit. In Ontario, vehicle ownership can be important because the Highway Traffic Act can make a vehicle owner responsible for loss or damage caused by negligent operation of the vehicle, unless the vehicle was in someone else’s possession without the owner’s consent.

Passenger cases can be different from many driver claims because the passenger is not responsible for the crash occurring, meaning that the main dispute is usually which driver was at fault, how serious the injuries are, and what losses were caused by the collision.

Can a passenger sue the driver they were riding with?

Yes, passengers can sue the driver they were riding with if that driver caused the crash.

This can sometimes feel uncomfortable when the driver is a friend, spouse, parent, child, coworker, or other family member. In many cases, the claim is still defended and paid through auto insurance. The driver may be named in the lawsuit, but the claim is usually handled through the insurance policy that responds to the crash.

This comes up more often in single-vehicle crashes and in cases where the passenger’s own driver clearly contributed to the collision. If a driver loses control, leaves the road, hits a pole, strikes a tree, rear-ends another vehicle, or crashes because of impaired, distracted, careless, or excessive-speed driving, an injured passenger may have a claim against that driver.

Should the passenger and driver use the same lawyer?

Passengers should be cautious about using the same lawyer as the driver when fault is not clear.

A passenger’s claim can be brought against the driver of the vehicle they were riding in, another driver, or both. If the passenger and driver retain the same lawyer, a conflict can arise if the evidence later shows that the driver may have caused or contributed to the crash.

This issue is especially important in single-vehicle crashes, intersection crashes, left-turn collisions, highway crashes, or any case where the drivers disagree about what happened. The passenger may need advice that is independent from the driver’s interests.

The Law Society of Ontario’s joint-retainer guidance explains that a joint retainer involves a lawyer representing more than one client in the same matter. Where one client may have a claim against the other, separate legal advice is often safer before agreeing to be represented by the same lawyer.

Can a passenger claim accident benefits?

Yes. Passengers injured in Ontario car accidents are able to claim accident benefits.

Accident benefits are separate from the lawsuit against the at-fault driver. They can help with treatment, rehabilitation, attendant care, income replacement, non-earner benefits, caregiver benefits, and other benefits depending on the policy, the date of the accident, optional benefits purchased, and the severity of the injuries.

The correct insurance company is not always obvious. It may be the passenger’s own insurer, a household policy, the insurer for the vehicle the passenger occupied, or another insurer under Ontario’s priority rules. For a more detailed explanation, see our page on Ontario accident benefits.

What if more than one driver was at fault?

Passengers do not usually need to pick only one driver at the beginning of the case. If two or more drivers may have contributed to the crash, the passenger’s lawsuit may name more than one driver and vehicle owner. The insurers and defendants can dispute fault between themselves, while the passenger focuses on proving injuries, losses, and the connection between the crash and the harm suffered.

What if the passenger was not wearing a seatbelt?

Passengers who was were wearing a seatbelt will still have a case. Not wearing a seatbelt does not automatically prevent a lawsuit.

Ontario requires drivers and passengers to wear a properly adjusted and securely fastened seatbelt. Insurers may argue that a passenger’s injuries were worse because the passenger was not wearing one. If that argument succeeds, the passenger’s damages may be reduced for contributory negligence.

The issue is usually medical and factual. The insurance company generally has to connect the seatbelt issue to the injuries being claimed. A minor technical seatbelt issue is not the same as proving that the passenger would have avoided part of the injury.

What if the passenger was injured in an Uber, Lyft, taxi, or work vehicle?

Passenger injury cases can become more complicated when the vehicle was being used for rideshare, taxi, delivery, employment, or another commercial purpose.

The key questions include who was driving, who owned the vehicle, whether the driver was working at the time, what insurance applied, and whether any platform, employer, commercial policy, or vehicle owner coverage is involved.

The injured passenger should not assume the case is only against the driver personally. The insurance and ownership review can change the claim.

What if the at-fault driver had no insurance?

A passenger may still have options if the at-fault driver had no insurance or left the scene. Depending on the facts, the claim may involve accident benefits, uninsured automobile coverage, OPCF 44R Family Protection Coverage, another available auto policy, or Ontario’s Motor Vehicle Accident Claims Fund. This is one reason passenger claims need an early coverage review, especially after serious injuries.

What compensation can an injured passenger claim?

Injured passengers are able to claim compensation for pain and suffering, income loss, future income loss, treatment expenses, future care needs, out-of-pocket expenses, and Family Law Act claims by eligible family members.

In passenger cases, the early issue is often identifying the proper driver, vehicle owner, insurer, accident benefits insurer, and any additional coverage. However, if the injuries are catastrophic, the available benefits and long-term care analysis become especially important. Our Ontario catastrophic injury lawyers page explains how serious long-term injury claims are assessed.

Talk to an Ontario car accident lawyer after a passenger injury

Passenger injury claims can entail issues such as accident benefits, lawsuits against one or more drivers, owner liability, insurance priority disputes, seatbelt allegations, rideshare or commercial coverage, uninsured driver issues, and potential conflict concerns if the passenger and driver are considering the same lawyer.

If you were injured as a passenger in a car accident, Foster Injury Law is able to help review the available insurance coverage, identify the proper claims, and explain your options.

For more information, visit our Ontario car accident lawyers page or contact Foster Injury Law for a free consultation.

This article is general information only and is not legal advice. Every passenger injury case depends on its own specific facts.

Author: Lane Foster, Foster Injury Law