Do Passengers Have The Same Legal Rights As Drivers In California Car Wreck Injury Claims?
Yes. In many cases, passengers may actually have stronger claims than drivers. That’s because passengers are almost always fault-free in car wrecks.
California is a comparative negligence state, meaning a driver’s compensation can be reduced based on their share of fault. But as a passenger, you’re not responsible for the crash, so you’re entitled to pursue 100% of your damages from the at-fault party (or parties).
Can I File A Personal Injury Claim Against The Driver If I Was A Passenger In A Los Angeles Car Crash?
Absolutely, and in some situations, you must. The only person you can pursue a claim against is the one responsible for your injuries. If that happens to be the driver of the car you were riding in, they may be your only option.
If liability is shared among multiple parties, you can pursue all responsible parties, whether it’s your driver, the other driver, or both. The bottom line is this: your claim depends on who caused the injuries.
How Do I Determine Who To File A Claim Against If Another Driver Caused The Car Wreck In California?
You’ll want to file a claim against the at-fault driver and their insurance company. That’s why it’s vital that you gather as much information as possible at the scene of the crash.
Even as a passenger, try to get contact and insurance details from all drivers involved, take photos of the scene and the damage, and document everything while you’re still at the location. That may be your only chance to gather this information firsthand.
Shawn Gozarkhah, lead attorney at The Law Man Group, APC, has spent years advocating for injury victims across California many of whom were passengers unsure of their rights after a crash. His team has guided countless clients through the difficult decision to file claims, even when it meant pursuing compensation from friends or family members. With a deep understanding of California’s comparative fault system and a commitment to compassionate legal support, Shawn helps injured passengers secure the financial recovery they deserve.
If you’ve been hurt in a crash, don’t wait. Contact The Law Man Group today for case review.
What Are My Legal Options If Both Drivers Were Partially At Fault In A California Passenger Injury Case?
If both drivers share responsibility, you can file claims against both of them. Under California’s comparative fault system, you can recover compensation based on each party’s percentage of liability.
So, if both drivers were partially at fault, you’re entitled to pursue each of their insurance policies to recover the full value of your damages.
How Long Do I Have To File A Personal Injury Claim As A Passenger?
Passengers have the same statute of limitations as drivers in California – two years from the date of the injury.
There are a few exceptions: if you’re a minor, the two-year window doesn’t begin until your 18th birthday. And, in rare cases, such as during widespread court closures (like during the COVID-19 pandemic) the timeline can be temporarily extended.
Helping Our Clients Navigate The Emotional And Legal Complexity Of Filing A Claim
We understand that pursuing passenger injury claims in California against friends or family members can feel uncomfortable – to put it lightly. It’s a sensitive situation, and we never lose sight of the fact that our clients are people first. People with relationships, loyalties, and concerns that go beyond legal paperwork.
That said, our responsibility is to advocate for our clients and make sure they aren’t left dealing with medical bills and pain they didn’t cause. We help our clients understand that filing an insurance claim isn’t about punishing a loved one, it’s about accessing compensation that’s available for when these things happen.
Most of the time, these claims are paid by insurance companies, not out of a relative’s pocket. We make every effort to approach each case with both empathy and determination, ensuring you are protected emotionally and financially.
Still Have Questions? Ready To Get Started?
For more information on passenger injury claims in California, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (818) 699-0492 today.
Shawn Gozarkhah, lead attorney at The Law Man Group, APC, has spent years advocating for injury victims across California many of whom were passengers unsure of their rights after a crash. His team has guided countless clients through the difficult decision to file claims, even when it meant pursuing compensation from friends or family members. With a deep understanding of California’s comparative fault system and a commitment to compassionate legal support, Shawn helps injured passengers secure the financial recovery they deserve.
If you’ve been hurt in a crash, don’t wait. Contact The Law Man Group today for case review.
