As a passenger in a vehicle, your life is literally in the hands of the driver and passengers generally have no control over the outcome of a car accident. If you were in an auto accident, then you may be dealing with hefty medical bills or even lost wages; however, you do have the right to receive compensation for your injuries.
If only a single vehicle is involved in the accident and the driver is found to have acted negligently, the injured passengers claim with the driver’s insurance. For example, if the driver was speeding and crashed, they would likely be found to have acted negligently and thus be liable for the passenger’s injuries.
In a car accident where two or more drivers are found to be at fault, the injured passenger would generally file claims with all the drivers’ insurances. In California, it is prevalent for the responsibility to be assigned to all parties involved in the car accident. California also has a comparative negligence law, which means that someone can receive compensation for their injuries in an accident, even if they were also found to be negligent. Generally, the compensation you will receive will depend on each drivers’ percentage of fault. Depending on your injuries, you may be able to recover the policy limit from the insurance companies.
A third party claim can become complicated if both insurance companies for the drivers are in opposition and are both denying fault for the accident. A personal injury attorney can carry out negotiations with the insurance companies for you so you can receive compensation.
A passenger injury claim can be hard because the driver responsible might be a close friend or family member. In some cases, you may be included in the insurance policy for a relative, and they are the at-fault driver, then you generally will not be able to file a claim. If an uninsured driver injures you and you have uninsured motorist coverage of your own, then you would have to submit a claim to your own insurance.
While claims with government entities can be as short as six months, you generally have two years from the date of a motor vehicle accident in California to file a personal injury lawsuit. However, there are many exceptions to this timeline, good and bad, so it is essential to speak to an Eason & Tambornini Sacramento insurance claims lawyer as soon as possible to make sure you get compensation.
