Who is Liable for a Passenger’s Car Accident Injuries in CA?
When a passenger is injured in a car crash, the first thing that often comes to mind whenever an accident occurs is which driver is at fault. But what if the accident happened while you were a passenger? Who is responsible for your injuries as a passenger in a car accident?
It’s important to understand that, in California, the law requires all drivers to carry liability insurance. This means that if they cause an accident, their insurance company will be responsible for compensating the victims for their injuries.
It is important to understand your legal rights if you get injured as a passenger in a car accident. You need to speak with an experienced personal injury attorney to help you understand your options. This article discusses what you need to know about car accident passenger claims.
What Are Your Rights As a Passenger in a Car Accident?
When you’re injured as a passenger in a car accident, you might be confused about who has fault for your injuries. Sometimes the insurance companies of both drivers may disagree on who should take responsibility for the injured passenger.
It’s important to understand that no matter who is at fault for your accident, you need to file a personal injury claim to recover damages. These damages include medical expenses, lost wages, and pain and suffering.
The at-fault party can be your driver, the driver in the other car, or a third party.
You can also file car accident passenger claims against the driver of the car you were riding in if they were negligent in causing the accident. For example, if the driver was speeding or texting while driving, they may be liable for your injuries.
In rare cases, if you’re injured in a car accident caused by a defective car part, you may have a claim against the manufacturer of the defective part. For example, if a defective tire caused your accident, you may be able to file a claim against the tire manufacturer.
In some car accident cases, multiple parties may be at fault. This can happen in multi-car accidents. If you’re injured in an accident like this, you may be able to file a claim against two or more drivers that collided with the one you were riding in.
Exceptions to Liability
As far as you have the right to file for personal injury compensation against the at-fault party, including the driver of the car you were riding in, there are some exceptions to consider.
The driver is your relative
If the driver of the car you were riding in is your relative, for instance, your spouse, parent, or sibling, you likely won’t be able to sue them. In this case, you’re considered insured under their policy.
The driver is uninsured
In some cases, the person who was at fault for the accident may have had no insurance at the time. In this case, you can file a claim with your insurance company through uninsured motorist coverage. You would then be compensated through your own policy, up to the limits of your coverage.
You’re also at fault
In other cases, you may also take the blame as a passenger for the accident, either partially or fully. The instances where a passenger in a car accident may take the blame in an accident include:
- Not wearing a seat belt at the time of the accident
- Knowingly entering a vehicle when the driver was intoxicated
- Knowing that the road conditions weren’t safe for driving
If you take any blame for an accident, it will likely result in a lower insurance payout.
If you are partly to blame, it may lower the compensation you receive, but you would still be able to file car accident passenger claims. If you are found to be fully at fault for the accident, then you likely won’t be able to receive any compensation from the other party.
What Compensation Can You Get If Injured as a Passenger In a Car Accident?
If you or your loved one was injured as a passenger in an accident, you might wonder what kind of compensation you can obtain. The amount of compensation will depend on a few factors, such as the severity of your injuries, whether or not you were at fault for the accident, and your state law.
Get Help From Our Car Accident Lawyers
You deserve to get compensation for your injuries if you get injured as a passenger in a car accident. With the help of an experienced personal injury attorney, you can get the money you need to cover your medical expenses, lost wages, and pain and suffering.
FAQs About Passenger Compensation in an Accident
How much can a passenger get in a car accident?
It depends on the circumstances of each case, but a passenger in a car accident may get more compensation than the driver in a car accident if they’ve been injured more severely.
How long does it take to get compensated after a car accident?
Depending on the severity of the injuries and the insurance company’s response, it can take months or even years to get compensated after a car accident. Settlements outside of court are quicker than lawsuits that go to trial.