When you are a passenger injured in a car accident, you have the right to seek compensation for your medical care and financial losses as well as other damages if they apply. It is important to understand, however, that as a passenger you have different, perhaps better rights than the person operating the vehicle. As an example, in California, the driver/owner of an uninsured automobile has a very limited claim against the other driver, whereas the passenger might well not be subject to the same restrictions on his/her claim.
Who Pays For Your Losses?
When you are a passenger injured in a car accident, you should speak to an attorney to determine who is responsible for the financial losses you have suffered. Depending on the facts surrounding the accident, both the driver of the vehicle you were in and the other driver may be held liable.
As a passenger injured in a car accident, the insurance policy covering the vehicle you were riding in will cover a specific amount of your medical care costs. Once the policy limit has been reached, the insurance company for the other vehicle will be responsible for these payments. However, if your losses exceed the limits of both of these policies, you may need to seek additional compensation from the responsible party.
It is very important to work closely with a car accident attorney. Your car accident attorney will need to establish who is at fault for the crash and seek damages accordingly. If both parties are responsible, your car accident attorney may name them both in a lawsuit on your behalf to seek compensation for your losses based on the percentage each party was responsible.
This situation can quickly become confusing if you are not familiar with California laws applying to car accidents and liability.
Protect Your Rights
If you have been injured in any type of vehicular accident where you were a passenger, contact Moss & Hovden as soon as possible. We work to protect your rights as a victim of a vehicle accident and seek compensation from the responsible parties.