What to Do When You Are Injured as a Passenger In Someone Else’s Car?

Getting injured as a passenger in somebody else’s car is startling and scary. Whether you were on a short ride with a buddy or traveling with a family member, finding yourself in this type of accident, dealing with injuries, and figuring out what to do is overwhelming. But if you have been injured, you need to know you may be entitled to compensation, even as a passenger.

Knowing how to move forward and what rights you have can make getting those medical bills, lost wages, and other damages covered through compensation. Let’s look at the steps to take so you can protect yourself and see the options clearly for achieving rightful and complete compensation.

Your Health Comes First––Seek Medical Attention

What’s the very first thing you need to do after an accident? Of course, it’s to make sure you’re okay. No matter how minor your injuries may seem initially, they may be much deeper, more serious, develop over time, and not even be noticeable at the scene. do not forget that in the chaos of a crash, adrenaline is pumping within you and often masks symptoms of injury. A small bump could actually be something much graver. Whether it’s neck pain, headaches, or something you didn’t at first notice, seeing a doctor right away will help ensure that your injuries are documented and provide you with follow-up and specialist appointments if needed. And importantly, it helps establish that your injuries are directly linked to the accident––something that’s crucial when you file a claim later on.

Collecting the Right Info

Once you’ve been checked out and are on the road to recovery, it’s important to gather as much information from the accident scene as possible. Collecting any details from the scene can significantly help you build and support your claim as it develops. You should also aim to get everyone’s contact information. Of course, the most apparent would be for the driver of the vehicles involved, including the party you are with. Ensure you have their correct contact information. To strengthen your documentation, also get the contact information of any witnesses who saw what happened, as well as their report of how the accident transpired, where they were standing or their vantage point, what direction they were facing, and any other details. You may think a particular witness’s account was small and not that significant, but you would be surprised how the slightest bit of information can be pivotal to your attorney and back up your claim.

Further, if you are able to take photos of the damage to the vehicles, the road conditions, or any relevant traffic signage at the scene, capturing these elements can be extremely beneficial. When it comes time to prove liability, all these forms of documenting the accident can be tools to illustrate liability.

Who Was at Fault? Filing the Right Claim

Now, let’s talk about the most critical aspect: who’s responsible here? California gives you the right to file a claim with the insurance company of the driver who is at fault. So, if the driver of the car you were in actually caused the accident––can you still file? Yes, if the car you were a passenger in was the cause of the accident, you absolutely have the right to and should file a claim with their insurance. If another driver caused the accident, their insurance will be the one you file your claim against. But here’s the thing: As a passenger, you don’t have to worry about who was driving––you just need to prove that the other party’s actions led to your injuries. Insurance companies are supposed to cover you if the other driver was negligent, whether it’s the person you were riding with or someone in an entirely different vehicle.

What Happens When the At-Fault Individual Has No Insurance?

You can find yourself in a situation where the driver responsible for the crash doesn’t have any insurance, or their coverage is too low to cover your damages fully. Don’t give up, and definitely don’t panic. There is something else that comes into play in these instances, known as Uninsured or Underinsured Motorist coverage (UIM). If you’ve got this type of coverage on your own insurance policy, it will kick in to help fill up any gaps when another driver doesn’t have enough of their own insurance. If you don’t have UIM, your health plan may cover some of your medical expenses, but you might need to consume any and all other applicable insurance options first. So, if this happens, get in touch with your insurance company and absolutely a lawyer as they will be able to guide you and ensure all options are exhausted and you get the most amount of compensation possible.

Talking to The Professionals Makes a Difference

After an accident, you’re already dealing with enough––pain, stress, and recovery. The last thing you want is to be worrying about paperwork and insurance claims. Period. That’s where a personal injury lawyer enters the scene. A skilled attorney can juggle all the paperwork, deadlines, submissions, pushing back against bottom-line focused insurance reps, and all the other tough stuff that comes at you. With their help with all the legal details, you can focus on recovery while knowing the work is being put in and done toward the compensation you are entitled to receive. Whether it’s covering medical expenses, lost wages, or pain and suffering, the expertise of your lawyer will make all the difference in fair treatment and outcome.

What Can You Expect in Terms of Compensation?

As an injured passenger, you are entitled to compensation for more than just your immediate medical bills. California Civil Code §3333 explains what expenses, including any treatment, can be part of your compensation. You can seek reimbursement for wages you lost as a result of your injury or injuries keeping you from working, and you can also be compensated for your pain and any suffering you experienced. In cases where the injuries are more severe or longer-lasting, your compensation might even cover future medical costs. California law allows for all of these factors, and some others, to be included in your claim. Your attorney can go over and outline every bit of compensation, per your circumstances and what you can reasonably be asked for based on the details of your case, so you won’t miss out on any of what you are owed.

All in The Family: What to Do

If the driver who caused the crash and thus your injuries is someone you know––a family member or a friend––you might be feeling a little awkward and reluctant to file your claim. However, it is vital to keep in mind that this claim isn’t against them personally; it’s against their insurance. In fact, most people carry insurance except to use it in exactly such situations. The process doesn’t need to cause any strain within your family dynamics and personal relationships. It is totally normal to proceed and file a claim for medical expenses, lost wages, and other damages after an accident. It would be worse for your family or friend to be left wondering how you will manage or be burdened with guilt watching your life get off track or go into debt because you assumed or insisted they would be offended if you filed.

Tick, Tock, Don’t Delay––Act Now

California also has a statute of limitations that gives you a set limit on the time you can take to file different types of claims and lawsuits. You have a limited time frame to file your personal injury suit, and that’s usually two years from the date of the accident or, in some cases, the date of injury discovery corresponding to the accident. If you wait too long, you could lose your opportunity to file a claim. So, get the ball rolling as soon as you can. The more you discuss your circumstances with your lawyer, the better the chances of getting full compensation and avoiding legal red tape.

Being a passenger in an accident is never easy, but you must take the right steps to recover physically as well as financially. If you feel overwhelmed, you shouldn’t have to go through the process alone. Contact an experienced and trusted California personal injury attorney at Moga Law Firm, located at 1010 N Euclid Ave, Upland, CA 91786, for a complimentary consultation. You may also reach us at (909) 931-2444.

Mike

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