What Passengers Injured in California Car Crashes Need to Know

If you are hurt in an auto accident while riding in someone else’s vehicle, you have multiple means available to pursue compensation for your injuries and related losses. Your options for reimbursement begin with the insurance policies involved but can extend to lawsuits if needed.

Initially, you can look to first-party insurance such as Medical Payments Coverage (MedPay). This option may be available under your own auto insurance policy, the policy of the driver of the vehicle you were riding in (whether private or commercial), or sometimes both. MedPay is a benefit that covers medical expenses resulting from an auto accident, regardless of fault. It typically pays out quickly up to the coverage limits. This is often a practical first step, as it does not depend on who caused the accident.

Next, if you believe the driver of the vehicle you were riding in was at fault for the crash, you have the right to pursue a claim against their liability insurance. This is true whether you were riding in a private vehicle or a commercial vehicle, such as a taxi, Lyft or Uber. As a passenger, you are generally not considered at fault, making it easier to claim against the responsible party’s insurance policy. This coverage can pay for your medical bills, lost wages, pain and suffering and other harm or losses.

You also have the right to seek compensation from another driver whose negligence contributed to your injuries. For example, if a different car ran a red light and caused a collision, you may file a claim against that driver’s liability insurance policy. California law allows you to seek recovery from any at-fault party, and if more than one person is responsible, you can assert claims against all of them.

There are additional avenues for compensation if insurance coverage is inadequate. If the responsible driver does not have insurance or carries only minimal coverage that does not fully compensate you, you may be able to claim benefits from uninsured/underinsured motorist (UM/UIM) coverage under your own policy or the policy of the car you were riding in.

Irrespective of the availability of insurance coverage, you have the option to file a lawsuit in civil court against anyone whose negligence caused the accident and your consequential injuries. Defendants may include your driver, another driver or any other party who contributed to the accident, such as a vehicle manufacturer in the case of a defect. Lawsuits often arise if the at-fault party refuses to accept responsibility or if settlement negotiations break down.

An experienced California auto accident attorney can identify all possible sources of compensation, handle communications and negotiations with insurers, and take all legal steps needed to help you obtain the recovery you deserve.

If you or someone you love has been injured in a car crash in Santa Barbara or the surrounding areas, the lawyers at Pulverman & Pulverman, LLP are ready to pursue your legal remedies. Call us at 805-962-0397 or contact us online to schedule a free consultation.