Passengers are rarely responsible for causing a collision. An injured passenger’s claim therefore involves fewer disputes about personal fault than a driver’s claim.
Understanding how passengers can pursue compensation after a crash begins with one of our car accident attorneys identifying every driver whose conduct contributed to the collision. Depending on the evidence, you may have a claim against the driver of the vehicle in which you were riding. You may instead have a claim against another driver or claims involving both drivers.
Which Insurance Policy Covers an Injured Passenger?
After a car accident, you usually present a passenger injury claim to the liability insurer for the at-fault driver. If you were riding with a friend or relative who caused the crash, pursuing compensation generally means making a claim against that person’s insurance policy rather than seeking payment directly from them, which often eases concerns about a personal financial conflict.
When another motorist caused the collision, that driver’s liability policy may cover your medical expenses and lost income. It may also cover pain and suffering related to your injuries. The available compensation depends on the evidence and the applicable policy limits.
How Shared Fault Between Drivers Affects Your Claim
More than one driver may contribute to the same collision. In that situation, you may pursue claims under multiple insurance policies while the insurers and other parties determine each driver’s percentage of responsibility.
California follows pure comparative negligence. The person’s percentage of fault reduces that person’s recovery, but recovery is not barred if that person’s fault exceeds 50 percent. As a passenger in a crash, you generally bear no fault unless your own conduct contributed to your injury.
Allocation rules can also affect how you collect damages from multiple defendants. Under California Civil Code § 1431.2, each defendant is responsible for non-economic damages in proportion to that defendant’s share of fault. These rules sort responsibility between the drivers without reducing your own recovery.
Coverage Options When a Driver Has Too Little Insurance
An at-fault driver in an auto accident may have no insurance or may carry limits that do not fully cover your losses. In that case, uninsured or underinsured motorist coverage on an available policy may help. Relevant coverage could come from the policy on the vehicle you occupied or another policy under which you qualify as an insured.
Deadlines require prompt attention. C.C.P. § 335.1 generally provides two years to file a personal injury lawsuit based on another person’s wrongful act or negligence.
Contact Us to Learn More About Your Passenger Injury Options
How passengers can pursue compensation after a crash depends on driver fault and the insurance coverage available for your documented losses.
Contact CaseyGerry to schedule a consultation and learn more about your options.