What Are My Rights As An Injured Passenger In An Auto Accident?

When determining fault in an accident, the police, insurance investigators, and various experts pour over the data to see what happened. And who, if anyone, is at fault. In California, passengers are never part of this equation. Which means they have more advantages over the drivers in any accident.

Never at Fault but Sometimes Can’t Collect

Passengers may be Snow White when it comes to determining fault. But they still might run into snags in the system when it comes time to collect on a claim. Let’s say an injured passenger files a claim against each driver’s insurance company. In this claim they ask for $500,000. A judge agrees.
The drivers and their companies however, each think that “their side” is only 25 percent at fault. In that case, the passenger would only collect $125,000 from each side. Unless the injured passenger were to wait for one insurance company to do the right thing.

Types of Compensation

These would be the same as those drivers collect, such as:
  • Lost wages
  • Future lost wages
  • Current medical bills
  • Future medical bills
  • Punitive damages
All injured passengers should consult with an attorney to find out what entitlement they have in their specific cases. The families of dead passengers should do the same. If you are an injured passenger in a car wreck, call Shallcross and Associates today for a free consultation!
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