I am Joseph A. Nagy, and I am an experienced passenger accident lawyer. My firm, Joseph A. Nagy Injury Law, deals exclusively with injuries resulting from motor vehicle accidents. We help clients throughout central and northern Alberta,
If you were injured in a motor vehicle accident while you were a passenger, you may have to sue a negligent driver or other person who caused the collision in order to receive compensation. You may qualify for passenger injury compensation. To obtain the compensation, you will need the help of a qualified injury lawyer who knows the law and has experience handling passenger accidents, dealing with insurance companies, and obtaining fair settlements for clients.
If you were a passenger in a vehicle accident and have been injured, I can help you. Call (780) 760-4878 (HURT) or contact me, Joseph A. Nagy, to arrange a free consultation. There is no obligation. I will recommend steps you should take to be certain the insurance company treats you fairly.
Passengers are rarely responsible for how a collision happens, so as an injured passenger you usually have a claim against someone — and it is paid by that driver’s insurance company, not out of their own pocket. That matters when the driver was a friend, a family member, or a coworker. Making a claim does not cost them personally. Choosing not to claim only leaves your treatment costs and lost income unpaid.
A passenger claim can still be complicated. There may be more than one driver at fault, the available insurance may not be enough to cover everyone injured, and the insurer may raise your own conduct to reduce what it pays — see the questions below. An experienced passenger accident lawyer will:
For accidents before January 1, 2027, you generally have two years from the date of the accident to start a court action against an at-fault driver. Accident benefits from your own insurer have much shorter deadlines.
Call (780) 760-4878 (HURT) or contact me, Joseph A. Nagy. I am an experienced passenger accident lawyer. The consultation is free, and you are under no obligation to hire me.
To learn more, read Top 5 Reasons to Hire an Injury Lawyer.
Yes, and the claim is answered by that driver’s insurance policy — not by them personally. Having a close relationship to the driver is the most common reason injured passengers never make a claim, and it costs them. The driver’s insurance policy exists for exactly this situation. Declining to claim does not protect the driver financially; it only leaves your treatment costs and lost income unpaid. This explanation holds for accidents before January 1, 2027. After that date, you claim benefits from an insurer regardless of fault, so the question of blaming a friend or close relation largely falls away. See No-Fault Insurance in Alberta: What “Care-First” Means for Injured Albertans.
A passenger can claim against both. Where two or more drivers share responsibility, they are jointly and severally liable, so an injured passenger does not have to establish the split between them or pursue each one separately. The insurers resolve the apportionment among themselves. Passengers are rarely found contributorily at fault for how a collision happened. This description of injury claims against at-fault drivers is only available until January 1, 2027, when Alberta’s no-fault insurance comes into effect.
If the driver was intoxicated, your knowledge of the state of intoxication of the driver is critical. The defence of volenti non fit injuria (voluntary assumption of risk) can stop you from successfully suing the driver. The application of this defence is fact specific. Always consult an injury lawyer.
A passenger will generally not be liable because he was not operating the vehicle. There are some exceptions, such as if the passenger interferes with the driver’s operation of the vehicle by grabbing the steering wheel. Arguably, the passenger then caused or contributed to the cause of the accident. Experienced passenger accident lawyers like myself are familiar with the case law in such cases.
Alberta’s Contributory Negligence Act apportions degrees of fault to passengers who fail to wear seat belts. The driver also owes a duty of care to ensure his passengers are seat belted before putting the vehicle into motion. Parents must ensure that their children are properly restrained in children’s car seats.
To discuss the potential impact of the Alberta Contributory Negligence Act on your case, call (780) 760-4878 (HURT) or contact me, Joseph A. Nagy. I am an experienced passenger accident lawyer. I offer free consultations. We can discuss your case, and you are under no obligation to hire me as your passenger accident lawyer.
It depends on the date of your accident. Accidents before January 1, 2027 fall under Alberta’s current system, which preserves your right to pursue a claim against the at-fault driver. Time limits still apply — generally two years from the date of the accident — so it is important not to wait. For accidents on or after that date, Alberta’s Care-First system almost entirely removes that right and replaces it with benefits from your own insurer.
You deserve a personal injury lawyer who knows local laws, stands up to the insurance company, and gets you all the compensation you deserve.
