What You Need to Know if You are a Passenger in a California Car Accident

Being a passenger in a California car accident can leave you uncertain about your next steps. Unlike drivers, passengers rarely share fault, but you still need to act quickly to protect your health and legal rights. After getting medical help, you should document the crash, exchange information, and consider filing a claim against the driver who caused the accident.

Passengers may qualify for compensation covering medical expenses, lost income, and pain and suffering. However, insurance companies may dispute liability or offer low settlements. That is why many injured passengers seek guidance from a car accident lawyer who can explain California’s rules, preserve evidence, and handle communications with insurers.

Here are the key things every passenger should know after a California car accident:

What Should You Do If You’re A Passenger In A Car Accident?

Any time you are involved in a motor vehicle accident, your priority should be getting to safety. Here’s what you should do:

Some victims may wonder when to contact a lawyer for car accidents. In certain cases, an attorney may be necessary if there are claim challenges. These may include the following:

• Two or more parties may share responsibility for the accident
• There is a dispute over who was at fault.
• Your insurance claim gets denied without a valid explanation.
• The insurance company offered an inadequate settlement.
• The injuries you sustained are severe or long-term.

It’s normal to ask what to do if you are a passenger in a car crash or whether you need legal support in these situations. These are important questions, and getting the right information early can help protect your rights.

Your Rights As A Passenger In California

As a passenger, you have protection under California law just like any other road user. Several legal protections apply to you in the event of a crash or injury. In general, your rights include:

• The Right to Safety — Whether public, private, or rideshare, drivers owe a legal duty of care to ensure your safety while you’re in their vehicle. They must operate the vehicle responsibly and obey traffic laws to minimize risk.
• The Right to Seek Compensation — If you sustained injuries in an accident, you have the legal right to pursue compensation for your damages. You may file a claim against one or more at-fault parties, including the driver of the vehicle you were in, another driver, or even a government entity if road conditions contributed to the accident.

A car accident attorney can help you understand California passenger rights during your consultation.

How To File A Passenger Injury Claim In California

A personal injury attorney can help you file a passenger car accident claim in California. Generally, you have two options:

• Filing with the Insurance Company — If you choose to do so on your own, many insurance carriers offer simple instructions for opening a claim online. Depending on your situation, you may either file with your insurance company or the at-fault party’s insurer. Here is how this process often goes:
  • The initial report will consist of necessary information about the drivers and vehicles involved, as well as your contact information and role as a passenger in the car.
  • Once the claim has been opened with this necessary information, the insurance company will start an investigation to determine who was at fault for causing the accident and the extent of your damages.
  • An insurance company will assign an adjuster to evaluate the claim. Based on the investigation findings, the adjuster will determine the value of your claim.
  • Depending on the outcome, the insurance company may approve your settlement request or present a counteroffer.
• It’s important to note that if you’re filing a third-party claim, each party’s insurance company may conduct its own independent investigation. You may hire a California car accident attorney to represent you during the claims process, as some cases can be more challenging to handle on your own.
• Filing a Personal Injury Case — When settlement negotiations with the at-fault party or insurance company fail, passengers with valid injury claims may be able to pursue legal action. Injury attorneys can represent and guide you on how to file a personal injury claim. Here’s what car accident lawyers do in a civil case:
  • Evaluate the facts of the case to determine whether pursuing legal action is advisable.
  • Gather, review, and organize key evidence and documentation to build a strong case.
  • Negotiate with the other party on behalf of the client, as settlement is still possible even after filing the case.
  • Represent the client in court by presenting the case before a judge and/or jury if the matter proceeds to trial.

Remember, not all personal injury cases result in a lawsuit or go to trial. Parties often resolve many issues through settlement negotiations. If you already have an attorney in California, it is advisable to get free accident lawyer advice from them to understand the options available for your specific case.

When Should I File A Personal Injury Claim In California?

In California, you generally have two years from the date of a vehicle accident to file a lawsuit against the at-fault party. The state’s statute of limitations sets this legal deadline to ensure fairness and to encourage the timely resolution of claims. If you miss this deadline, you may lose your right to pursue compensation through the courts.

However, there can be exceptions to this deadline. Here are some of them:

• The Passenger Is a Minor — If the injured passenger is under 18, the period will not begin until they reach adulthood. However, a parent or legal guardian may file a claim on their behalf should they choose not to wait.
• Delayed Discovery of Injuries — Sometimes, injuries from an accident don’t become apparent right away. There may be an extension of the time limit in these situations. This exception allows victims additional time to file a claim after discovering the injury.

Personal injury lawyers can explain the relevant legal deadlines and assess your situation to help protect your rights.

Who Is Liable For A Passenger’s Injuries?

The person who was legally at fault for causing the accident also has a legal obligation to compensate accident victims for their injuries and losses. The accountable individuals may be different depending on the case. These are some of the parties that may be liable for these accidents in California:

• Drivers — These include the individuals operating passenger vehicles or those whose negligence contributed to the collision.
• Automakers — Manufacturers may face accountability if an accident results from a defect, such as flawed autonomous driving software.
• Contractors and Public Sector Organizations — Accidents caused by poor road maintenance or hazardous conditions created by government agencies or contractors could lead to liability.
• Other Potential Liable Parties — Depending on the circumstances, additional parties may bear responsibility. These may include companies whose employees caused the accident, such as rideshare services, trucking firms, or other third parties.

Determining fault in an accident is crucial, as it enables passengers to identify the responsible party and pursue appropriate compensation. There are also cases where two or more parties are liable.

Liability can become more complex when a third party is involved. For instance, passengers of rideshare services like Uber and Lyft may get into an accident. In this case, you may get coverage under the rideshare company’s third-party liability insurance.

Victims may also ask, “Can rideshare passengers sue Uber or Lyft for an accident?” The answer is not always straightforward. In some cases, victims may be able to take legal action, especially if the rideshare company’s negligence or failure to uphold safety standards contributed to the accident.

Typically, insurance companies will first determine what portion of fault the policyholder had. If evidence shows that the other driver is fully liable for the accident, their insurance carrier is responsible for compensating you for your documented injuries and losses.

If the insurance company only accepts partial liability, they will offer to compensate that portion of your losses. For example, suppose the insurance company determines that its driver was fifty percent at fault. In that case, you will be offered compensation for half of your claim.

Can Passengers Be Found At Fault?

The passenger can sometimes cause or contribute to an accident. In that situation, both the driver and the rider share responsibility. California’s pure comparative negligence rule still allows recovery, but compensation is reduced by the rider’s share of fault.

For example, a 10% share of fault means a 10% reduction in damages. Liability may arise if the passenger distracts the driver, pressures them to speed, or even grabs the wheel, and the conduct must be serious enough to contribute to the crash.

Insurance Options For Passengers

You may be asking yourself, “Does my car insurance cover me as a passenger in another car?” In general, passengers will file personal injury claims with the insurance carrier of the at-fault driver. However, passengers might also have insurance coverage through their own policies. It may be beneficial to consult with an experienced lawyer for car accident cases about possible sources of compensation for your injuries.

MedPay

Medical payments coverage is an optional upgrade to your auto insurance coverage. This coverage takes care of medical bills incurred as a result of any auto accident. The accident does not have to involve the vehicle you have insured, and you do not have to prove liability. Many California drivers skip this coverage in order to reduce their auto insurance premiums. It is, however, an important coverage that can be a significant help after an auto accident.

Uninsured Motorist And Underinsured Motorist Coverage

Uninsured motorist (UM) and underinsured motorist (UIM) coverage protects both drivers and their passengers in certain cases. It applies when a driver who either has no insurance or lacks sufficient coverage hits them. UM and UIM coverage is also optional, and many California drivers forego it to keep their auto insurance premiums lower.

UM and UIM coverage is important for many reasons. If you have the misfortune to be hit by an uninsured driver, you might not be able to recover any compensation for your injuries. UM coverage can help cover medical bills and other losses. An uninsured motorist accident lawyer can also explain how this coverage works and guide you through the process of making a claim.

Health Insurance

Health insurance must cover medical bills even if they come from a car accident. You’ll still have to pay deductibles, co-pays, and other limits, but this coverage helps while waiting for a settlement. It is also a safety net if the at-fault driver has no insurance.

If you later win a personal injury case, your insurer may ask for repayment of what it already covered. This process is called subrogation, and an attorney can review the claim to ensure only valid expenses are included.

A car accident lawyer can assist you in identifying the insurance coverage available to you as a passenger in a car accident.

What If I Have No Insurance?

Your insurance is not the primary coverage for an auto accident caused by a negligent driver. If you suffered injuries as a passenger, someone else was likely legally at fault for causing the accident. You may have the right to seek damages from the negligent driver for your losses, which may include:

• Medical bills and projected future medical expenses.
• Lost wages (and any decrease in your future earning capacity as a result of permanent injuries).
• Property damage (such as a phone or tablet damaged in the accident).
• Pain and suffering.

Your right to get compensation has nothing to do with whether you are insured or not. If you do not have health insurance, you might need to work with medical providers who are willing to work on a lien against your settlement. Vehicle accident lawyers at Arash Law can refer you to chiropractors and other healthcare providers who may be willing to provide treatment while you are waiting for your settlement.

FAQs If You Are A Passenger In A California Car Accident

Our motor vehicle attorneys at AK Law Firm understand that victims who are passengers in car accidents in California may find it challenging to navigate the legal process. Below, we answered some of the most common questions about these types of accidents. However, if you have specific inquiries, call us at (888) 488-1391.

How Much Can A Passenger Get In An Auto Accident Case In California?

The amount of your settlement depends on the value of your losses. For example, someone who suffers serious injuries will incur a lot of medical bills and likely miss a lot of work. This may translate to a higher settlement than someone who had few medical bills and missed just a couple of days of work. The scope of your injuries directly impacts the scope of your settlement.

One of the major components of a personal injury award is often pain and suffering. It is difficult to quantify because each of us experiences pain very differently. If you can document specific ways in which your pain has impacted you (for example, missing work or being unable to sleep), you may have a stronger case for a pain and suffering award.

What If I Am A Surviving Family Member Of A Passenger Killed In An Auto Accident?

In the past, a personal injury claim “belonged” to the victim, and thus did not survive if the victim passed away. Lawmakers soon realized how unfair this was, especially in cases where serious negligence led to death but left the responsible party unaccountable.

Today, California law allows surviving family members to file a wrongful death claim to seek compensation for their losses. These losses may include funeral costs, burial expenses, and loss of financial support and companionship, among others. Section 377.60 of the California Code of Civil Procedure establishes who may file a wrongful death claim:

• The victim’s surviving spouse, registered domestic partner, or children.
• Grandchildren (if the victim’s child is no longer alive).
• If there is no surviving spouse, child, or grandchild, the claim is held by the next of kin (as defined by the state statutes that define who is entitled to inherit the victim’s property if they die without a will).

In a wrongful death case, family members cannot recover damages tied to the victim’s own losses. Those may be claimed instead through a survival action, which lets the victim’s estate recover costs like medical bills or lost wages. Depending on the case, accident lawyers may pursue both actions separately.

What Should I Do If I’m A Passenger In A Car Accident?

If you are a passenger in a car accident in California, you should prioritize your well-being. Get checked by paramedics at the scene or go to the nearest hospital for proper medical assessment.

After focusing on your safety, it is advisable to take the following actions if you are planning to file a car accident claim:

• Maintain Medical Records — Keep track of all the paperwork associated with your care, such as invoices and doctors’ notes.
• Obtain Information — Get the insurance information and contact information of every motorist involved in the crash.
• Find Witnesses — Ask anybody who witnessed the accident for their name and contact details.
• Notify Your Insurer — Sometimes, there can be delays with insurance claims. If you notify your insurance company about the accident right away, you may be able to access the benefits you need more efficiently.

Keep in mind, using your insurance doesn’t mean the person who caused the accident won’t have to pay for the damages.

By following these steps, you may be able to pursue compensation for your injuries and other damages. These may include medical expenses, lost wages from missed work, and property damage if the accident damages your personal belongings.

Passengers are particularly vulnerable in vehicle accidents. Unlike the drivers involved, passengers are not automatically presumed to be at fault for causing a collision. However, this does not imply that passengers can just receive compensation.

There are certain factors to consider, including who is at fault. Is it the one driving the vehicle you’re in or the other car? Car accident claims lawyers can assess your case and determine what your options are, depending on the facts of the case.

California Injury Lawyers Committed To Representing Auto Accident Passengers

You don’t have to feel alone after an auto accident. You may ask yourself, “Do I need a personal injury lawyer if I’m a passenger in a car accident in California?” The answer depends on your situation. However, you may find certain benefits in having legal representation if there are challenges with your claim or if you suffered injuries.

At Arash Law, our legal team will work together to guide you through the claims process. Our car accident attorneys will advocate for your legal rights so you can focus on your recovery.Call (888) 488-1391 or contact us online to schedule your free initial consultation at Arash Law. Let our car accident lawyers work to protect your interests and negotiate with the insurance company. We have helped many injury victims across California, and we can fight for you, too.