Injured as a Passenger in Ontario: What Are Your Rights?

Written & reviewed by Olga Kanevsky, LL.B, LL.M
Personal injury lawyer · Law Society of Ontario #51731A · 20+ years serving the GTA · About the author

Most people understand that a driver who causes a crash can be sued, and that a not-at-fault driver can claim compensation. But passengers are often left unsure where they stand — especially when the person driving was a friend, a family member, or the person who offered them a ride. The good news is that, of everyone involved in a collision, an injured passenger usually has the clearest and strongest rights of all. Here is how they work in Ontario.

As a passenger, you are almost never at fault

Fault is about who caused the collision, and a passenger — sitting in the seat, not controlling the vehicle — almost never contributed to it. That matters because fault reduces compensation. An injured driver may have their claim cut by their share of blame; an injured passenger, in the vast majority of cases, carries no fault at all. There are narrow exceptions (for example, knowingly getting into a car with an impaired driver, or not wearing an available seatbelt, can reduce a passenger’s recovery), but as a rule, passengers start from the strongest possible position.

Your first claim: accident benefits

Like anyone injured in an Ontario car accident, a passenger is entitled to accident benefits — no-fault benefits that pay for medical and rehabilitation treatment, attendant care, and (depending on the coverage purchased) income replacement and other supports, regardless of who caused the crash. The question for a passenger is simply which insurer pays, and Ontario sets this out in a defined order of priority. In general, a passenger claims first through their own auto policy if they have one; if not, through the policy of the vehicle they were in; and if neither exists, through other insurers involved or, as a last resort, the Motor Vehicle Accident Claims Fund. Since July 1, 2026, medical, rehabilitation and attendant-care benefits remain mandatory with auto insurance as first payer. Sorting out the correct source quickly is important so your treatment and income support are not delayed — and it is an area where early legal help is genuinely useful.

Your second claim: suing the at-fault driver

Beyond accident benefits, a passenger can bring a tort claim against whoever caused the crash, for pain and suffering, the portion of income loss benefits don’t cover, and future care. What surprises many passengers is who they can sue:

• The other driver, if they caused the collision.
• The driver of the car you were in, if they were at fault — even if that driver is a close friend or a family member.
• Both drivers, where fault is shared between them — which actually strengthens a passenger’s position, because there are two sources of recovery.

“But I don’t want to sue my friend”

This is the single biggest reason injured passengers hesitate — and it rests on a misunderstanding. When you bring a claim against the driver who gave you a ride, you are not going after their personal savings or their home. You are claiming against their automobile insurance, which exists for exactly this purpose: that is what the premiums they have been paying are for. In practice, the friend or family member is rarely out of pocket, and most understand that your medical bills and lost income should be covered by the insurance that is already in place. Letting the relationship stop you from claiming usually just means the insurer keeps money that was meant to help you recover.

What an injured passenger’s claim can be worth

Because passengers carry no fault, the value of the claim turns almost entirely on the injuries and their consequences — pain and suffering, income loss, and future care — rather than on fault arguments. Minor injuries caught by the Minor Injury Guideline are capped at $3,500 in benefits, but that designation is often wrong and can be challenged; serious injuries that meet Ontario’s legal threshold support substantial pain-and-suffering damages, subject to the statutory deductible on smaller awards. For a sense of ranges, see our guides to average car accident settlements and the Minor Injury Guideline.

Rideshare, taxi and transit passengers

The same strong position applies, with a few wrinkles, if you were injured as a passenger in an Uber or Lyft, a taxi, or on transit. Rideshare vehicles in Ontario carry commercial-level insurance while a trip is underway, which responds to a passenger’s injuries; taxis carry their own coverage; and a person injured on or by a bus or streetcar may have claims involving the transit authority as well as any other at-fault driver. These cases can involve additional parties and insurers, and sorting out which coverage responds — and in what order — is more complex than a private-car crash, which makes early legal advice especially worthwhile. The underlying principle does not change: as a passenger you did not cause the collision, so your focus is simply on identifying every source of compensation and making sure none is missed.

When more than one passenger is hurt

In a crash where several passengers are injured, each has their own independent claim, and the available insurance is generally shared among the claimants according to the policy limits and the rules of priority. Where injuries are serious and limits may be stretched, the order in which claims are advanced and the sources that are pursued can matter a great deal. This is another situation where having a lawyer coordinate the claims helps make sure each injured passenger recovers as fully as the available coverage allows.

What to do if you were hurt as a passenger

Seek medical attention promptly and follow through on treatment, because the medical record is the backbone of both claims. Keep the details of every driver and vehicle involved. Be cautious about giving recorded statements to any insurer before you understand your rights. And get advice early — the order-of-priority rules for passenger accident benefits can be genuinely confusing, and the right guidance makes sure your benefits start from the correct source without delay. A free, confidential consultation will explain exactly where you stand, in English, Russian or Ukrainian.