888-341-3071
495+The short answer: Yes. If you were hurt as a passenger, you can usually bring a passenger injury claim against whoever caused the crash. Liability may fall on the driver of your car, the driver of another vehicle, or both if fault is shared.
If the at-fault driver does not have insurance, your own uninsured/underinsured motorist coverage may step in. Passengers are almost never to blame, which tends to put them in a strong legal position from the start.
Getting hurt in a wreck you had no control over is scary and infuriating, as you may be dealing with pain, medical bills, and maybe missed work. The good news is that the law is often on your side.
Here’s how passenger injury claims work after a Downey car accident, and why filing one isn’t as complicated, or as personal, as you might fear. Your first consultation is free.
In this article, we discuss:
– Whether an injured passenger can sue the driver
– Who you can file a claim against
– What to do if the driver is a friend or family member
– What damages a passenger can recover
– How long you have to file a claim in California
– How our Downey personal injury lawyers can help
Can an Injured Passenger File a Claim Against the Driver?
Yes. As an injured passenger, you have the right to seek compensation from the driver, or drivers, whose negligence caused your injuries. You weren’t steering, braking, or making the calls that led to the crash. Blame rarely lands on you. That puts passengers in a unique, often favorable position compared to drivers, who may end up fighting over who caused the wreck.
I Was a Passenger in a Car Accident. Who Do I Sue?
It depends on who was at fault. As a passenger, you may have a claim against one or more of the following:
– The at-fault driver. If another driver caused the crash, you file a claim against their insurance.
– The driver of your own vehicle. If the person you rode with caused or contributed to the accident, their insurance may cover you.
– Both drivers. When fault is shared, you can pursue both policies, since California uses a pure comparative negligence system.
– Your own coverage. If the at-fault driver has no insurance or too little, your personal auto uninsured/underinsured motorist coverage may cover the loss.
Insurers love to blame each other to pay you less. Our attorneys know how to hold each one accountable.
What If the Driver Was a Friend or Family Member?
Filing a claim doesn’t mean suing your friend or relative personally. This is one of the biggest concerns we hear, and it makes sense. You don’t want to hurt someone you care about.
Here’s the reality: your claim is paid by their insurance company, not out of their pocket. That’s what the policy is for, and what their premiums have been paying for all along.
Fair compensation for your injuries doesn’t come from your loved one’s savings. It comes from the insurer that already agreed to cover accidents like this one.
What Damages Can a Passenger Recover?
An injured passenger can recover the same compensation as any other injured person. Depending on your situation, that may include:
– Medical bills, both current and future
– Lost wages and lost earning capacity
– The cost of rehabilitation or ongoing care
Insurance companies love to tell injured people they’re “not hurt enough” or that their claim isn’t “valuable enough.” The JLF Firm was founded to push back on those tactics and go the extra mile for our clients.
How Long Do You Have to File a Passenger Injury Claim in California?
In California, you generally have two years from the date of the accident to file a personal injury lawsuit, under California Code of Civil Procedure section 335.1. Miss that deadline, and you may lose your right to recover anything.
Two years can pass quickly while you’re healing. Evidence fades, witnesses forget, and insurers count on delay. The sooner you call, the sooner we can protect your claim.
Frequently Asked Questions About Passenger Injury Claims
Can I file a claim if I was partly responsible for the crash?
Passengers are rarely found at fault, but even if you were, California’s pure comparative negligence rule still lets you recover. Your compensation would simply be reduced by your percentage of fault.
What if there were several passengers in the car?
Each injured passenger can file a claim. The available insurance may have to be split among everyone hurt, so it’s wise to work with an experienced car accident attorney to protect your share.
How much does it cost to talk to a lawyer?
Your consultation with The JLF Firm is free. We’ll review what happened, walk through your options, and answer your questions with no obligation.
Talk to The JLF Firm’s Downey Car Accident Team
You didn’t cause this crash, and you shouldn’t have to face the aftermath alone. Our full-service team of attorneys and legal assistants handles passenger injury claims from start to finish, standing up to the insurance companies that try to underpay the people they’re supposed to protect.
Schedule a free consultation with our Downey car accident attorneys at The JLF Firm. Call our Downey office at 888-341-3071, or stop by 8255 Firestone Blvd, Suite 502, Downey, CA 90241. When you’ve been injured, you need a pro.
