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.

That’s why in this blog post we outline the steps passengers should take if injured in a car Next, we’ll discusses the duty of care owed by drivers to their passengers and the various avenues for filing a personal injury claim, including those against the at-fault driver’s policy or their own insurance.

Now, let’s dive deeper into passenger rights in a car accident.

Understanding Passenger Rights in California Car Accidents

California hosts a population of more than 36 million registered drivers and sees over 250,000 vehicular accidents annually, according to the National Highway Traffic Safety Administration (NHTSA).

Many of these accidents involve passengers with injuries from minor scrapes to severe trauma and, tragically, fatalities. 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

Understanding Insurance Policy Coverage Limits

The amount of compensation you receive after a car accident can be significantly influenced by driver insurance policy limits.

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.

California’s Comparative Negligence Laws

California’s comparative negligence laws introduce a layer of complexity to filing a claim with multiple parties.

Under California’s comparative negligence law, how your compensation is paid out could be affected.

These laws allocate responsibility for the accident based on each party’s degree of fault. While this may seem daunting, an experienced California car accident attorney can help you maximize your potential recovery.

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.

A study by the National Highway Traffic Safety Administration (NHTSA) revealed that a significant 15% of distracted driving accidents involve interactions with passengers.

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.

Filing a Claim Through Your Insurance

While less obvious, filing a claim through your own insurance can be a viable option for passengers injured in car accidents. If you have Personal Injury Protection (PIP), you can use these benefits for medical expenses, even if you were not the driver during the accident. These policies typically have coverage limits. These limits may not be enough to cover all expenses for accidents with significant medical costs, but they could be valuable for immediate medical bills.

In addition to your auto insurance, your health insurance can also be used to help pay for medical costs. However, you may need to exhaust your auto insurance benefits first. The specific rules regarding coordination of benefits between auto and health insurance can vary, so it is essential to check with both insurers. You may also need to pay a deductible on your health insurance plan before receiving benefits.

Your attorney can help you determine the best option or combination of options for filing by calculating the current and future costs you may have to pay to cover your injuries and will work to maximize your claim value.

If one insurance is limited, filing with both drivers and with your own insurance can help make sure that you are fully compensated.

If you are still unable to get all of your medical bills covered, your lawyer may advise you to bring your case to court.

What to Do as a Passenger After A Car Accident

Knowing the next steps to take after being hurt as a passenger in a car accident is important. By taking the following actions, you can benefit your claim and aid your attorney in developing a powerful case for accident compensation from those at fault. Here are some important things to do:

Seek Medical Care for Your Injuries

The most important thing to do after a car accident as a passenger or driver is to receive medical attention for your injuries. No matter how you feel after an accident, getting checked out by a healthcare professional is important. Adrenaline after an accident can mask symptoms, and some injuries can take time to show any obvious indications.

Receiving medical care promptly also establishes the direct connection between your injuries and the accident, helping to ensure that no one can reject your claim based on lack of proof. Receiving a detailed prognosis and documentation from your healthcare checkup after an accident will go a long way towards proving your injuries and avoiding disagreements with whichever insurance company handles your claim.

Collect and Document Evidence

As soon as your injuries are stabilized and you are safe to do so, you should gather evidence from the accident scene. Take photographs of vehicle damage, road conditions, and traffic guidance, such as signs, lights, and directions. Physical evidence like this can substantially strengthen the proof of your claims in and out of court.

You should also collect contact information and insurance details from all drivers involved. If there were any eyewitnesses to the accident, be sure to ask for their details, as they may be able to corroborate your story as well. If you are unable to document these details due to your injuries, ask someone else at the scene of the accident or request assistance from the police.

Contact an Experienced California Car Accident Lawyer

You do not have to do this alone. Working with an experienced car accident lawyer can help you maximize your insurance claim and have peace of mind that your legal rights are being protected. Contact our office for a free case consultation to determine your next best steps forward.

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 $100 million in 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.