Can Passengers File Injury Claims After A Car Or Motorcycle Crash In Wisconsin?

By Howard Eglash, Personal Injury Attorney

If you were a passenger in a car or motorcycle that was involved in an accident, you may be wondering whether you have the right to file an injury claim—and if so, against whom. Many injured passengers assume their options are limited or feel uncomfortable pursuing compensation, especially when the at-fault driver is a friend or family member.

The truth is, passengers often have some of the strongest personal injury claims under Wisconsin law. At Bosshard Parke, we help clients in La Crosse, Sparta, and surrounding communities understand their rights and secure the compensation they deserve. Here’s what you need to know if you were a passenger injured in a crash.

Passengers Have A Legal Right To Seek Compensation

Under Wisconsin law, passengers who suffer injuries in a car or motorcycle accident have the same legal right to pursue a personal injury claim as the drivers involved. You can file a claim to recover damages such as:

• Medical expenses
• Lost wages
• Pain and suffering
• Rehabilitation and therapy costs
• Long-term care or disability

Unlike drivers, passengers are rarely found at fault for causing an accident, making their claims generally straightforward in terms of liability.

Who Can A Passenger File An Injury Claim Against?

One of the most common questions passengers have is: Who do I file a claim against?

The answer depends on who was responsible for the accident. In most cases, you can file a claim against one or more of the following:

1. The Driver Of The Vehicle You Were In

If the driver of your car or motorcycle caused the crash due to negligence—speeding, distraction, intoxication, or any other violation—you can file a claim against their insurance policy, even if they are a friend or relative. This is what their liability insurance is for.

2. The Driver Of Another Vehicle

If another driver caused the accident, your claim will be made against that driver’s insurance policy.

3. Multiple Parties

In some cases, liability is shared between drivers (e.g., both were partially at fault). As a passenger, you may be entitled to recover from both insurance policies, depending on the details of the crash.

What If The At-Fault Driver Is A Friend Or Family Member?

It’s understandable to feel hesitant about pursuing compensation if the at-fault driver is someone you know. However, it’s important to remember:

• You’re filing a claim against their insurance policy—not them personally.
• Most medical bills, wage losses, and other costs are covered by insurance.
• A serious injury can result in thousands of dollars in expenses. Not filing a claim may leave you financially vulnerable.

What About A Motorcycle Passenger Injury Claim?

Motorcycle passengers are also eligible to file injury claims, and these accidents often result in severe injuries due to the lack of protection.

You may file a claim against:

• The motorcycle operator (if they were at fault)
• Another driver involved
• A municipality (in rare cases involving poor road conditions)
• A manufacturer (if a mechanical defect contributed to the crash)

Because motorcycle accidents often involve catastrophic injuries, it is especially important to speak with an attorney early in the process.

What If The At-Fault Driver Has No Insurance Or Not Enough?

If the at-fault driver is uninsured or underinsured, you may still have options:

• Uninsured Motorist (UM) or Underinsured Motorist (UIM) coverage through your own auto insurance (or that of someone in your household) may apply, even if you were a passenger in someone else’s car.
• An experienced attorney can help you identify all applicable insurance policies to pursue fair compensation.

When Should You Contact A Lawyer?

Passengers often assume their claims are “simple” because they weren’t driving—but even seemingly straightforward cases can become complicated. Insurance companies may delay payment, deny fault, or offer a settlement that doesn’t fully cover your losses.

You should contact a lawyer if:

• You’ve been injured and aren’t sure what your claim is worth.
• You’ve received a low settlement offer.
• You’re being blamed for your own injuries (for example, not wearing a seatbelt or helmet).
• The driver is uninsured or has limited coverage.

Bosshard Parke Is Here To Help

At Bosshard Parke, our personal injury attorneys have decades of experience representing injury victims across La Crosse, Sparta, and western Wisconsin. We can help you file a claim, negotiate with insurers, and protect your right to compensation—so you can focus on recovery.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. For personalized guidance, please consult an attorney at Bosshard Parke.