Can a Passenger Sue the Driver After a Car Accident in Alberta?
If you were injured as a passenger in a car accident, you might assume your options for compensation are limited—or that you can't make a claim because the driver is a friend or family member. The truth is, passengers in Alberta have strong legal rights.
Under Alberta law, passengers are almost never at fault, and they can pursue compensation through the at-fault driver's insurance, their own policy, or the Motor Vehicle Accident Claims (MVAC) Program if no valid insurance exists. Even if you know the driver personally, you're not "suing" them in a personal sense—your claim is against their insurance company.
As Alberta personal injury lawyers who once defended insurers, we know how to navigate these cases tactfully, ensuring you're fairly compensated without damaging personal relationships.
This guide explains:
What Counts as Personal Injury for Passengers?
"Personal injury" covers physical and psychological harm suffered in a car accident— whether you were driving or not. As a passenger, you're just as entitled to claim as any driver on the road.
Common Passenger Injuries in Alberta Car Accidents:
Can a Passenger Sue the Driver?
Yes. If the driver was negligent—speeding, distracted, impaired, or otherwise careless—you can sue them for your injuries.
Claim Against Driver's Insurance
In most cases, your claim is against the driver's insurance company, not the driver personally. Their insurer is responsible for compensating passengers under Alberta's mandatory third-party liability coverage.
Who You Can Sue
You can sue: The driver of the vehicle you were in (if they were at fault), the other driver involved in the crash (if they were at fault), or both drivers, if fault is shared.
What If the Driver Is a Friend or Family Member?
This is one of the most common concerns passengers have. You might hesitate to file a claim because you don't want to hurt your friend or relative financially. But in reality, these claims are handled by insurance, not the individual driver. The driver's insurance pays for your injuries—not the driver personally. Alberta law prohibits insurers from penalizing insured drivers for valid injury claims made by passengers.
What If Both Drivers Were at Fault?
If multiple drivers contributed to the accident, you can sue both insurers. Alberta uses a 'shared liability' system under the Contributory Negligence Act, meaning each insurer pays a portion of your damages based on their driver's percentage of fault.
What If the Driver Has No Insurance?
If the at-fault driver is uninsured or fled the scene (hit-and-run), you can still pursue compensation through: Your own insurance policy (most Alberta drivers have Uninsured Motorist Protection or SEF 44 Family Protection Endorsement coverage), or Alberta's MVAC Program (the Motor Vehicle Accident Claims program compensates victims up to $200,000 per accident when no valid insurance exists). However, MVAC claims are time-sensitive and require proof that the driver had no valid insurance. Missing these deadlines can bar your claim entirely.
Key point: You're not punishing the driver—you're simply accessing the insurance coverage meant to protect everyone involved. You can recover fair compensation without damaging personal relationships.
Steps to Take Immediately After a Passenger Injury in Alberta
Following these steps immediately after a passenger injury can significantly strengthen your case and protect your rights to compensation.
Call 911
Report the accident and ensure emergency services attend. A police report helps establish fault.
Get Medical Care Immediately
Even if you feel okay, injuries often appear later. Early medical records strengthen your claim.
Document the Scene
Take photos of both vehicles, the surrounding area, and visible injuries.
Collect Contact Information
Get driver and witness names, insurance details, and license plate numbers.
Keep Copies of Everything
Save medical records, prescriptions, receipts, and police reports.
Notify Your Insurer
Inform your insurance company of the accident, even if you weren't driving.
Track Your Recovery
Keep a journal describing symptoms, treatment progress, and how your injuries affect work or daily life.
Contact an Alberta Car Accident Lawyer Early
A lawyer ensures you claim from the correct insurer and meet all legal deadlines.
How a Lawyer Helps Passenger Injury Victims
An experienced lawyer can help you navigate the complexities of passenger injury claims and ensure you receive full compensation:
Determining Who to Sue
Identifying all potential sources of compensation (driver, other driver, MVAC, or your own insurer).
Handling Insurance Paperwork
Navigating complex liability and coverage disputes.
Maximizing Compensation
Accounting for medical bills, lost income, pain and suffering, and future care.
Protecting Relationships
Managing claims discreetly so friends or family aren't burdened.
Dealing With Insurer Pushback
Countering lowball offers or "minor injury" classifications.
Frequently Asked Questions
Key takeaways
Passengers injured in Alberta car accidents have strong rights. Even if the driver is a friend or relative—or if the at-fault driver has no insurance—you can still recover compensation through insurance, MVAC, or your own policy. These claims don't harm personal relationships, but they do ensure you're protected.
Passengers are almost never at fault.
You can claim against the driver's insurer, the other driver, or both.
If no insurance exists, Alberta's MVAC program covers injuries.
A lawyer can help you recover compensation discreetly and efficiently.
Injured as a passenger?
Contact us today for a free consultation. No fee unless we win.