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Passenger Injuries: What Are Your Legal Rights After a Car Accident in Iowa or Nebraska?

Robert Stahle • May 22, 2025

When most people think about car accident claims, they picture one driver suing another. But what happens when you’re the passenger? Whether you were riding with a friend, using a rideshare app, or simply carpooling to work, passengers have the same right to compensation as drivers—sometimes more.

At Fitch & Stahle Law Firm, we regularly help injured passengers across Iowa and Nebraska secure the compensation they deserve. In this blog, we’ll explain how liability works for passenger injuries, what your options are, and how to protect your rights after a crash.



1. Passengers Are Almost Never at Fault

The most important thing to know is this: as a passenger, you are rarely found at fault for a car accident. This puts you in a strong position when it comes to filing an injury claim. Whether the driver of your vehicle caused the accident or another vehicle was involved, you may be able to recover damages from one or both parties’ insurance providers.

This means you can typically file a claim with:

  • The driver of the vehicle you were in
  • The driver of the other vehicle (if they were at fault)
  • Both insurance policies, if fault is shared

In states like Iowa and Nebraska, where comparative fault laws apply, passengers are almost always entitled to compensation unless they did something to contribute to the crash (e.g., physically interfering with the driver).



2. Who Pays for Your Injuries? Understanding Liability

Liability depends on who caused the crash and what kind of insurance coverage is available. Here are the most common scenarios:

• If the driver of your vehicle was at fault:

You can file a third-party claim against their auto insurance policy. Even if they’re a friend or relative, you have a legal right to compensation for your medical expenses, lost wages, and pain and suffering.

• If another driver was at fault:

You can file a claim against the at-fault driver’s liability coverage. This is common in multi-vehicle accidents, where the other driver rear-ended or struck your vehicle due to negligence.

• If both drivers share fault:

You may be able to file claims against both drivers’ insurance policies and recover partial compensation from each, depending on the percentage of fault assigned to each driver.



3. What If You Were Riding in a Rideshare (Uber or Lyft)?

If you were a passenger in an Uber or Lyft when the crash occurred, your claim may be covered by the rideshare company’s insurance, depending on when and how the accident happened.

  • If the driver was transporting a passenger (you), rideshare companies typically carry $1 million in liability coverage.
  • If the driver was waiting for a ride request or in transit without a passenger, a lower coverage limit applies.

You can also potentially file a claim with the driver’s personal insurance policy. These cases can be complex, so having an experienced attorney is crucial for navigating rideshare claims.



4. What Damages Can You Recover as an Injured Passenger?

As an injured passenger, you are entitled to the same types of damages as any other injured party. Depending on the severity of your injuries, you may be eligible to recover compensation for:

  • Medical bills (ER visits, surgery, rehab, prescriptions)
  • Lost wages (if you miss work during recovery)
  • Loss of future earning capacity (if you can’t return to work)
  • Pain and suffering
  • Emotional distress
  • Permanent disability or disfigurement

The value of your claim will depend on the evidence of your injuries, how the crash occurred, and how it has affected your daily life.



5. What If You’re Related to the Driver?

In some cases, your ability to file a claim may be limited if you are related to the at-fault driver and live in the same household. This is due to what's known as a "household exclusion" clause in many insurance policies.

However, exceptions apply—particularly if:

  • The policy does not include this clause
  • You’re not a resident of the same household
  • Additional liability coverage is available

It’s essential to have an attorney review the insurance policies involved to understand your options.



6. What About Insurance Limits in Iowa and Nebraska?

Both states require drivers to carry liability insurance:

  • Iowa minimum coverage:
  • $20,000 for injury or death of one person
  • $40,000 for injury or death of two or more people
  • $15,000 for property damage
  • Nebraska minimum coverage:
  • $25,000 for injury or death of one person
  • $50,000 for injury or death of two or more people
  • $25,000 for property damage

These minimums can be exhausted quickly in a serious crash. If the liable driver’s insurance is insufficient, you may be able to pursue compensation through underinsured motorist coverage (UIM)—either through your own policy or one that covers the vehicle you were riding in.



7. Why You Shouldn’t Wait to File a Claim

Each state has a statute of limitations for personal injury claims:

  • Iowa: 2 years from the date of the accident
  • Nebraska: 4 years from the date of the accident

However, waiting too long can hurt your case. Evidence can disappear, witness memories fade, and insurance negotiations become harder. It’s in your best interest to speak with an attorney as soon as possible to start building your case.



8. How Fitch & Stahle Law Firm Can Help Injured Passengers

At Fitch & Stahle, we’ve helped hundreds of clients across Iowa and Nebraska get the compensation they deserve—many of whom were passengers caught in crashes through no fault of their own.

Our team will:

  • Investigate the cause of the crash
  • Determine all available insurance policies
  • Communicate with insurers so you don’t have to
  • Build a strong case backed by evidence
  • Negotiate for a fair settlement—or take your case to court if needed

We work on a contingency fee basis, so you pay nothing unless we win.



Final Thoughts: Protect Your Rights as a Passenger

Being in the wrong place at the wrong time shouldn’t cost you your health, your job, or your financial future. If you’ve been injured as a passenger in a car accident—whether in Iowa, Nebraska, or anywhere in the Siouxland area—you have legal rights and options for recovery.

Don’t wait. Let the experienced legal team at Fitch & Stahle Law Firm help you understand your rights and pursue full compensation for your injuries.

Personal Injury FAQ:

By Robert Stahle • October 1, 2025
What Nebraska and Iowa Injury Victims Need to Know 

What to Expect During a Personal Injury Claim in Nebraska or Iowa

By Robert Stahle • September 19, 2025
If you’ve been hurt in an accident due to someone else’s negligence, the idea of filing a personal injury claim can feel overwhelming. Between insurance companies, legal documents, medical bills, and emotional stress, you may not know where to begin—or what your rights are. At Fitch & Stahle Law Firm , we’ve helped countless injury victims across Nebraska and Iowa navigate the personal injury claims process with confidence. Whether you were hurt in a car crash, a slip and fall, or a workplace accident, our job is to take the burden off your shoulders so you can focus on healing. In this post, we’ll walk you through each step of a typical personal injury claim, explain the timeline, and show you how working with a local law firm can make all the difference. Step 1: Medical Treatment and Documentation The first and most important step is always your health. After any accident, seek medical attention immediately , even if your injuries seem minor. Not only is this essential for your well-being, but it also creates a medical record that links your injuries to the accident—something insurance companies will look for later. Your medical documents will form the foundation of your case, including: Emergency room records Imaging (X-rays, MRIs) Doctor’s notes and treatment plans Prescription medications Physical therapy reports At Fitch & Stahle , we work closely with your medical providers to make sure your injuries are thoroughly documented and that future medical needs are included in your claim. Step 2: Consultation with a Personal Injury Attorney Once your immediate medical needs are addressed, your next step should be to consult a personal injury lawyer —especially before speaking with insurance adjusters. When you contact Fitch & Stahle Law Firm , we’ll offer a free consultation where we: Review the details of your accident Evaluate the strength of your claim Estimate your potential compensation Explain the legal process in plain language There’s no pressure, and no fee unless we win your case. Our goal is to help you make an informed decision about your next steps. Step 3: Investigation and Evidence Gathering If you decide to move forward, we’ll begin building your case immediately. This involves a thorough investigation to gather all the facts, such as: Police or incident reports Witness statements Photos or video footage Expert opinions (accident reconstruction, medical, etc.) Vehicle or property damage estimates In Nebraska and Iowa, comparative negligence laws mean that your share of fault can affect how much you recover. That’s why it’s critical to build strong, clear evidence that supports your claim and minimizes any allegations of shared blame. Step 4: Demand Letter and Settlement Negotiations Once we’ve compiled all the necessary documentation and calculated your total damages (including future expenses), we’ll send a formal demand letter to the at-fault party’s insurance company. This letter outlines: What happened Why their client is at fault A full accounting of your damages A proposed settlement amount In many cases, this starts a negotiation process. Insurance companies often counter with a lower offer, but we are aggressive negotiators who know the true value of your case. We’ll fight to get you the best possible settlement—and advise you on whether it’s in your best interest to accept or proceed to trial. Step 5: Filing a Lawsuit (If Necessary) If the insurance company refuses to offer a fair settlement, we won’t hesitate to file a personal injury lawsuit in the appropriate court—whether in Dakota County, Nebraska , Woodbury County, Iowa , or elsewhere in the Siouxland area. Filing a lawsuit doesn’t necessarily mean your case will go to trial. Many cases settle during pre-trial stages such as: Discovery – Both sides exchange evidence and take depositions Motions – Legal arguments to resolve or limit aspects of the case Mediation – A neutral third party helps negotiate a settlement Still, we prepare every case as if it will go to court. That level of preparation often results in better settlements and ensures we’re ready to present a compelling case to a judge or jury if needed. Step 6: Trial (When Required) If a trial becomes necessary, Fitch & Stahle Law Firm will be by your side every step of the way. We have extensive courtroom experience and are well-known in local courts across Nebraska and Iowa . At trial, we’ll present your case using: Eyewitness and expert testimony Medical and financial records Visual evidence like diagrams, photos, or video Opening and closing arguments that clearly outline your suffering and loss While most personal injury cases settle out of court, we’re always prepared to litigate aggressively when justice requires it. How Long Does a Personal Injury Claim Take? Every case is different, but here’s a general timeline: Medical treatment and recovery : 2 weeks to 6 months Investigation and preparation : 1 to 2 months Demand and negotiations : 1 to 3 months Filing a lawsuit (if needed): Adds 6–12 months or more The statute of limitations for filing a personal injury claim is: 4 years in Nebraska 2 years in Iowa However, acting early improves your chances of a successful outcome. Why Work With Fitch & Stahle? ✅ Local Representation – Based in South Sioux City, we know the courts, insurers, and judges in your area. ✅ Licensed in Nebraska & Iowa – We’re ready to represent you on both sides of the river. ✅ No Fee Unless You Win – You have nothing to lose by reaching out. ✅ Personalized Legal Care – We listen, we explain, and we put your needs first. When you work with Fitch & Stahle Law Firm , you’re more than just a case—you’re a neighbor, a community member, and a person we’re proud to fight for. Start Your Claim Today If you’ve been injured in an accident in South Sioux City , Sioux City , or anywhere in the Tri-State area , let us help you navigate the legal process with confidence. 📞 Call now for a free consultation: (402) 494-3012 🌐 Visit us online at fitch-stahlelaw.com