Every year, thousands of Californians visit emergency departments for injuries suffered in automobile accidents. Many of these victims are vehicle passengers, not drivers. If you get hurt while riding in a car as a passenger, you may be eligible for financial compensation from one or more car insurance companies. Protect your passenger rights by working with an Orange County car accident attorney, when necessary.
Who Pays When You’re Injured as a Passenger in a Car Accident in California?
The first step in recovering the financial compensation that you deserve as an injured passenger in California is understanding the state’s fault-based car insurance law. In California, the driver or party at fault for an automobile accident is responsible for paying.
Every driver in the state must maintain minimum amounts of liability insurance to ensure that they can pay for the required medical bills and property repairs of others. As a passenger, it is highly unlikely that you will be blamed for the car accident. This means you will be entitled to benefits from one or both of the drivers’ car insurance policies.
Additional coverage may also be available from your own car insurance provider if you own an insured vehicle. You may have uninsured or underinsured motorist insurance, medical payment (MedPay coverage), or personal injury protection (PIP) available to help cover your costs.
Types of Compensation Available for Passengers
After getting involved in a car accident as a passenger, report the crash to your insurance company, even if you weren’t driving. Then, file a claim against the at-fault driver’s policy. The potential value of your case as an injured passenger will depend on factors such as the severity of your injuries and insurance policy limits.
Types of financial compensation often available include:
- Past and future medical costs related to the treatment of your injuries
- Lost wages, including lost future earning potential due to a disability
- Permanent scarring or disfigurement
- Pain, suffering and other non-economic damages
- Loss of consortium
- Personal property or belongings damaged
- Wrongful death damages for family members (if the passenger is killed)
As a vehicle passenger, there is a possibility that an insurance company will try to use the comparative negligence defense against you to diminish your payout. While passengers are rarely deemed the at-fault party, insurance providers may try anything to protect their own profits. This is why it is important to know when to contact an attorney.
How to Protect Your Passenger Rights in a Car Accident Claim
If multiple passengers were injured in the car accident and have to share insurance coverage, it can be difficult to collect fair financial compensation for your injuries. Additionally, car insurance companies are known for using various tactics to minimize claim payouts. To protect your rights, you may need to hire a personal injury attorney in Orange County to represent you.
A lawyer can explore all of your options for making a financial recovery, including filing a lawsuit against one or multiple parties, holding a third party responsible, and filing a claim with your own insurer for supplemental coverage. An attorney will negotiate for maximum compensation for your losses and litigate your car accident case at trial, if necessary, using compelling evidence.
While a law firm guides you through the claims process, you can focus your energy on healing from your injuries in the aftermath of a car accident. For more information about your specific rights as an injured motor vehicle passenger in California, contact Bridgford, Gleason & Artinian at (949) 831-6611 for a free consultation.