What to do if You’re Injured in a Car Accident as a Passenger
You may be wondering what to do if you’re injured in a car accident as a passenger. California law provides specific protections for passengers and understanding your legal rights after an accident.
Whether you were involved in an accident due to another driver or the driver of the vehicle you were in, you have a right to compensation for the injuries you sustained. Drivers owe their passengers a legal obligation known as a duty of care, meaning they must operate their vehicles safely and responsibly. When a driver breaches this duty, they can be held liable for any harm that occurs to the passenger.
This liability encompasses not only physical injuries but also any emotional distress or mental trauma resulting from the accident.
Options for Filing an Insurance Claim as a Passenger
If you were involved in a car accident as a passenger, the idea of filing an insurance claim can seem complicated. Do not be intimidated. Your California car accident lawyer from Curtis Legal Group is here to help you through the process. There are several options when it comes to filing for compensation for your injuries, including filing a claim:
- With the other driver’s insurance company, if they were at fault
- Through your driver’s insurance policy
- Through your own insurer
In California, the minimum required liability insurance coverage is $15,000 per person and $30,000 per accident.
While these figures may seem substantial, medical expenses can quickly surpass these limits, especially in serious accidents and ones involving multiple injured persons.
If your damages exceed the at-fault driver’s policy limits or if multiple people are injured, securing full compensation can be challenging.
In certain situations, multiple parties may be responsible for causing an accident.
For instance, if two drivers contributed to an accident that resulted in your injuries as a passenger, you could potentially file claims against both drivers’ auto insurance policies.
Using Uninsured or Underinsured Motorist Insurance
Uninsured or underinsured motorist (UIM) coverage can also be used if policies are not able to fully cover your losses.
This insurance only comes into play if you have a policy before your accident. If you do not have UIM coverage prior to your accident, you cannot utilize this for compensation.
Speak with a car accident lawyer familiar with California laws to determine the best course of action moving forward.
Understanding Liability as a Passenger
While passenger liability is less common than driver liability, it can arise in specific circumstances. For example, a passenger who intentionally distracts a driver, leading to an accident, could share responsibility.
Additionally, an intoxicated passenger who insists on giving incorrect directions or a backseat “navigator” who demands dangerous shortcuts could also face liability. These scenarios can have serious consequences. Examples of passenger actions that could lead to liability include:
- Grabbing the steering wheel: Aggressively pulling the steering wheel can cause a loss of control.
- Obstructing vision: Covering the driver’s eyes as a prank or obstructing a driver’s vision can impair their ability to drive safely.
- Insisting on dangerous maneuvers: A drunk or negligent passenger who insists on taking dangerous shortcuts, speeding, or other dangerous maneuvers can contribute to an accident.
- Distractions: Other distractions could include startling the driver, throwing objects, or even physical altercations.
Determining passenger liability can be complicated. If you believe your actions could have contributed to the car accident, be sure to speak with a lawyer for advice on the best way to present your claim.
Curtis Legal Group Helps Injured Passengers Obtain Rightful Compensation for Injuries
At Curtis Legal Group, we understand the devastating impact a car accident can have on you as a passenger. If you have been injured in a car accident in California, we are here to help you obtain fair financial acknowledgment of your injuries.
With a proven track record of securing over <strong$250 million in total settlements and awards, our experienced personal injury attorneys can provide the legal representation you need. Use our convenient online form today for a free consultation to discuss your case and learn about your options for seeking compensation.