I was a passenger in a car that was fleeing police. Do I have a claim?
- Texas Attorney
- Yale B.A. · University of Houston Law Center J.D.
- Habla español
- Updated October 7, 2026
Often, yes. A passenger who didn't cause the chase can usually claim against the driver who fled and that driver's insurance, and sometimes against the agency if an officer's driving was reckless. Immigration status doesn't take away those rights, including for people who were being smuggled.
Tell me what happened
Jimmy reads every request himself and will be in touch with you shortly.
Passengers didn't choose the chase
Many of the people hurt in El Paso chase crashes are passengers: friends or family riding with a driver who panicked, or people being transported by a smuggler who ran from Border Patrol or DPS. A passenger who didn't cause the chase is generally not at fault for the crash, and the law treats the driver who fled as the one responsible.
Your claim against the driver
The driver who ran from police drove recklessly, and that is the core of the claim. Compensation can come from:
- The driver's liability insurance, or the vehicle owner's policy if the car belonged to someone else.
- Your own auto policy, if you have one, through PIP and uninsured-motorist coverage, which can cover you even as a passenger in someone else's car.
- A business behind the trip, in some cases, such as a company whose vehicle or driver was involved.
Whether a particular policy pays depends on its terms, and insurers sometimes deny chase claims quickly. A denial is not the last word.
If you were being smuggled
People transported by smugglers are often treated as witnesses or victims in the criminal case against the driver. Your right to compensation for your injuries doesn't depend on your immigration status, and we don't ask about it to help you. If you have questions about your immigration situation, we can refer you to an immigration attorney we trust. More about your rights without papers.
A claim against the agency
If an officer's or agent's own driving caused or worsened the crash, for example by ramming the car or driving recklessly through traffic, there may also be a claim against the agency. These claims are hard:
- For DPS troopers and other Texas agencies, the Texas Tort Claims Act applies, with a six-month notice deadline, an emergency exception that usually requires recklessness, official immunity and damages caps. How DPS chase claims work.
- For Border Patrol, ICE and other federal agencies, the Federal Tort Claims Act applies: a written claim to the agency within two years and a case decided by a federal judge. How federal claims work.
- For the El Paso Police Department, the City's 90-day notice rule applies. Deadlines for government claims.
When a passenger is killed
Families of passengers killed in chase crashes can bring wrongful death claims, including families who live in Mexico or elsewhere in Latin America. How families abroad can make a claim.
Protect yourself now
If you are asked to give a statement about the crash, especially if there is a criminal case, talk to a lawyer first. Keep your medical records and anything you were given at the hospital. Jimmy Suerken grew up in El Paso. He is a Mexican-American attorney who speaks Spanish, and you can talk with him directly. We handle El Paso cases the way we handle them in Houston: by phone, email and video call, and in person when needed.
Police chase crashes in El Paso: what to know
Other ways people ask this
The driver was arrested. Can I still make a claim?
Yes. The criminal case against the driver and your injury claim are separate, and a conviction can help prove fault.
I was being smuggled. Can I still get compensation?
Your right to compensation for your injuries doesn't depend on your immigration status. A lawyer should review the facts, and we can refer you to an immigration attorney for immigration questions.
Does my own car insurance cover me as a passenger?
Often, through PIP and uninsured-motorist coverage, depending on your policy. We check every policy that might apply.
How long do I have?
Lawsuits against the driver generally must be filed within two years. Claims against government agencies have shorter notice deadlines, as short as 90 days for the City of El Paso.
I live in Juárez. Can I make a claim in Texas?
Yes, if the crash happened in Texas. Where you live doesn't change your right to compensation here.
Authority: Tex. Civ. Prac. & Rem. Code ch. 101 (Tort Claims Act) · 28 U.S.C. § 2675 · City of El Paso: Filing a claim · Tex. Ins. Code § 1952.101 (UM/UIM) · Tex. Civ. Prac. & Rem. Code § 16.003
Your next steps, and ours
Get medical care
And keep every hospital record you were given.
Call Jimmy
713-600-6233Free and confidential. You can talk with Jimmy directly, in English or Spanish.
Talk to a lawyer first
Especially if there is a criminal case.
We find every policy and deadline
The driver's, the owner's, yours, and any agency claim.
Related questions
I was hurt in a crash during a DPS trooper chase in El Paso. Can I sue the State?
A driver running from Border Patrol or ICE hit me in El Paso. Who pays?
Will filing an injury claim get me deported?
I live in Juárez and was hurt in an accident in El Paso. Do I have rights?
If someone else's negligence put you here, we take it from here
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