There can be an unfortunate incident where you might get involved in a car crash in California. It might not be your fault, but you still somehow end up in the accident due to others’ mistakes. In that situation, you can file a personal injury case to receive compensation for your injuries.

However, if you are traveling as a passenger, there can be more than one car behind the cause of the accident. So, you might be wondering if you can sue both the drivers for injuries. Different aspects may apply regarding the personal injury case.

In such a case, it is better to contact a car accident attorney to know about all the viable options.

What Do You Need to Know About Passenger Injury Claims?

Before you move ahead to file your California personal injury case, there are a few things you need to be aware of. The most critical factor is to determine the party at fault. It can be difficult to prove liability for a passenger.

In the event that both motorists are at fault, the insurance providers will assign a proportion of fault to each of them. There can be a scenario where the cause of an accident can only be one driver. However, there are cases in which both the drivers are liable for the accident.

Nevertheless, a passenger can sustain injuries due to the accident. You might not bear responsibility for the accident.

Therefore, you can get compensation for your damages, regardless of which party bears the liability for the accident. The amount you will get as compensation from each party will depend on the percentage of the fault of each party.

Determining Fault for a Car Crash in California:

Determining the party at fault is one of the most important factors in a personal injury case. In California, the insurance company of the drive at fault pays for the damages. If both parties share fault, then the insurance companies pay according to each driver’s percentage of fault. If a driver is 40% at fault, the other driver’s insurance only pays for 60% of the claim.

Your lawyers can negotiate with the insurance companies of the drivers in case the appraisers find both drivers at fault for the accident.

Passenger Claims for a California Car Accident Case:

A claim under the car insurance policyholder of the driver at-fault will be deemed as a third-party claim. It is why your passenger claim will have the same proceeding that a car accident claim involves. The passengers have the option to file a claim against both parties who share fault.

Both drivers will bear a percentage of the accident that leads to your injuries. When a particular driver is not at fault in an accident, for example, in a rear-end collision, the passenger can only sue the driver at fault.

What If More Than One Passenger Is Injured?

In case there is more than one passenger in the car who sustained injuries, it can be a bit challenging for you to file a personal injury claim. If each passenger files a claim for their injuries against the driver, then there is a chance that the driver’s insurance might not be able to cover the expense of each individual.

California requires all drivers to carry the following auto insurance coverage:

  • Bodily injury liability coverage: $15,000 per person / $30,000 per accident minimum
  • Property damage liability coverage: $5,000 minimum

What if the liability coverage limits of the at-fault driver or drivers are too low to cover your medical expenses? If you have underinsured motorist coverage, it may cover the additional amount up to your UM coverage limit.

In addition, multiple claims can result in a lawsuit to calculate the compensation each passenger will get.

Get the Compensation You Deserve:

Know about the rights you have as a passenger by availing of the services of Crockett Law Group. With years of experience in dealing with California personal injury cases, we can help you get the compensation you deserve for your injuries.

Visit our website to know more about our services, or call us to discuss your case.