Can You File a Claim as a Passenger in a Tempe DUI Crash?
Being a passenger in a car should be safe. You’re not behind the wheel, and you trust the driver to operate responsibly. Unfortunately, not every driver makes good choices. When someone chooses to drive under the influence in Tempe, the risk of serious injury skyrockets—not just for other drivers, but for passengers, too.
If you were injured as a passenger in a DUI-related crash, you may wonder what your options are for seeking compensation. The Tempe car accident attorney team explains how passenger claims work, who might be responsible, and what you should know about your rights.
Why Passengers Often Have Strong Claims
Passengers are rarely at fault for a crash. When a DUI driver causes an accident, it’s typically clear that someone else’s negligence led to your injuries. That means passengers often have a more straightforward path to compensation compared to drivers, who may share some portion of fault.
For example, if the crash involved a drunk driver rear-ending another car, the passenger typically has no liability. Instead, the focus shifts entirely to the negligent parties—whether it’s the driver of the vehicle you were in, another impaired driver, or multiple at-fault parties.
Who Can You File a Claim Against?
Determining who to file a claim against depends on how the crash occurred and who caused it.
If the driver of your car was intoxicated, you may file a claim against their insurance company. While it may feel uncomfortable—especially if you know the driver personally—injury claims are handled through insurance, not out of the driver’s personal pocket in most cases.
If another driver caused the crash, you may pursue a claim against that driver and their insurance. In some DUI accidents, there are multiple at-fault parties, such as when both drivers were impaired or one was speeding while another was intoxicated.
Passengers can also be eligible for coverage through uninsured or underinsured motorist policies if the at-fault driver doesn’t have enough insurance. This is common in Tempe crashes involving uninsured drivers.
What Types of Compensation Are Available?
As a passenger, your claim may include a variety of damages:
Medical Expenses: Emergency room visits, surgeries, medications, and follow-up treatment.
Lost Income: If your injuries keep you from working, you may recover lost wages.
Pain and Suffering: Physical pain, emotional trauma, and loss of enjoyment of life.
Long-Term Care: If you suffered catastrophic injuries like spinal cord damage or traumatic brain injury, future care and rehabilitation costs may be included.
The severity of your injuries and the amount of insurance coverage available will influence the size of your claim.
What If You Knew the Driver Was Intoxicated?
Some passengers knowingly get into a vehicle with someone who has been drinking. While that doesn’t automatically prevent you from filing a claim, it could affect the outcome.
Arizona uses a comparative fault system, which means your compensation can be reduced if you’re found to share some responsibility for your injuries. If you knew the driver was drunk and still accepted a ride, the insurer may argue for a reduction in damages.
That said, passengers often don’t know how impaired someone is until it’s too late. The key factor is whether you knowingly accepted a risk that was obvious at the time.
How DUI Passenger Claims Differ From Typical Crashes
DUI-related crashes often involve additional layers of investigation. Police reports, toxicology results, and sometimes criminal court proceedings become part of the evidence.
Additionally, DUI accidents frequently cause more severe injuries because impaired drivers tend to drive at higher speeds or make reckless maneuvers. These cases may involve long-term medical care and lost earning capacity, which must be documented thoroughly.
Insurance Challenges to Expect
Even though passengers typically have strong cases, insurance companies may still try to reduce payouts. They might argue that your injuries weren’t as severe as reported, or they may claim that you assumed risk by riding with an impaired driver.
If multiple insurance policies are involved—such as both drivers being partially at fault—there may be disputes about which policy pays and how much. This is common in multi-vehicle collisions or situations involving rideshare drivers, which have their own coverage rules.
For example, if you were injured in a DUI-related rideshare accident, compensation may come from both the driver’s personal insurance and the rideshare company’s commercial coverage.
What Steps Should You Take After a DUI Crash as a Passenger?
Get Medical Care Immediately: Even minor pain can signal something serious like internal bleeding or soft tissue injuries.
Collect Evidence: If possible, gather names, insurance information, and witness contacts at the scene. Take photos of your injuries and the vehicles involved.
Request the Police Report: DUI accidents are always investigated, and this documentation will be valuable for your claim.
Notify Your Insurer: Even if you weren’t driving, your own policy may provide coverage for medical bills or uninsured motorist claims.
Final Thoughts
Passengers injured in a Tempe DUI crash have strong legal protections and often clearer paths to compensation than drivers. Whether your injuries were minor or severe, you can typically file a claim against one or more insurance policies to cover medical costs, lost income, and other damages.
However, DUI cases often involve unique complexities, including comparative fault arguments and overlapping coverage issues. Understanding your rights early can make the claims process easier and help you avoid common pitfalls—especially when multiple insurers are involved.
