Compensation for Passenger Injuries in a San Diego Car Accident
When you are a passenger and have been injured in a San Diego car accident , you have legal rights to file a lawsuit for your injuries. In some respects, you have even more rights to file a legal claim for financial compensation than the driver of the vehicle because you can sue more potential defendants.
Your compensation can include medical expenses and other damages such as lost wages and pain and suffering.
Simply put, when you are a passenger, you have a nearly unlimited right to file an accident against the responsible party regardless of your own actions in a car or motorcycle accident . If there has been a fatal accident, the family can file a wrongful death claim after the San Diego car accident .
File a claim with the driver’s insurance company
The passenger has a legal cause of action against the person responsible for the car accident. They have the ability to sue the driver of the car they were riding in if they caused the accident.
If you are a passenger, the driver of the car you were riding in owes you a duty of care. In other words, if they act irrationally behind the wheel, you can hold the driver legally responsible for what happened to them. This means that speeding, illegal turns, reckless driving, and any other type of dangerous driving can be grounds for lawsuit against the driver.
You can sue the at-fault driver no matter who it is
This right extends beyond what you would normally think. One spouse can sue the other, and the children can even sue their parents for the injuries they suffered.
Many people are hesitant to file a claim against a family member or even a friend if they are the responsible driver. They are concerned that a legal action will end the friendship or poison their relationship with a family member.
However, not only do passengers have the ability to file a lawsuit against the driver of the car no matter who it is, they must do so if the driver was liable if fault for the accident cannot be established. In reality, it is not the driver who would personally end up paying for the damages as long as they are below the policy minimum.
It’s the driver’s insurance company. The injured passenger is actually suing the insurance company, which would end up paying the claim.
You must always recover benefits for failures
Thus, injured passengers who do not file a claim are leaving money on the table that could pay for their medical bills and lost wages. This is coverage that the driver has paid for and should be leveraged and used regardless of who the negligent driver is.
If the driver of the other vehicle is at fault for the accident, the passenger can file their claim against the motorist. The person responsible for the accident is against whom the passenger can present his claim or sue. The law in California is that it is a no-fault state. The driver who is at fault is the one who is obliged to pay for the damages.
Don’t be fooled in a San Diego passenger car accident
If both drivers are equally at fault for the accident, the passenger has the ability to file claims against both drivers’ auto insurance policy or sue both drivers. This is something that is good for the passenger because they sometimes end up defrauded by the policy coverage limits in a car accident .
This way, if your claim exceeds the maximum for one driver, they can be recovered from the second driver’s policy in a vehicle accident. For an injured passenger, it’s all about getting the maximum compensation in an insurance claim or a personal injury claim.
Absence of contributory negligence for passenger injuries
When it comes to the possibility of comparative and contributory negligence, passengers are generally not held to that standard when it comes to a car accident claim. Unless there is strong evidence that the passenger himself did something wrong, the same standard as the driver does not apply to him when it comes to blaming the accident.
Passengers are presumed to have exercised normal care when involved in a car accident case.
The same principle holds true for motorcycle passengers in Los Angeles , as they generally will not be deemed to have been negligent in the accident either. An injured motorcycle passenger can file a claim against the motorcycle operator or whoever is responsible for the motorcycle accident in Los Angeles .
When a child is injured, insurance will analyze whether the serious injury was caused by not using a car seat, child safety seat, or booster seat correctly. Similarly, passenger seatbelt use can become a problem.
Unlike when the driver is suing for damages, a court or an auto insurance company will not look at the passenger’s actions to see if they contributed to the accident and if their recovery should be reduced. However, for a motorcycle passenger, the insurance will consider things as if they were wearing a helmet.
Maximize compensation beyond medical care
The passenger may already be covered by the driver’s policy if related to him. They would be considered an “insured person”. It is vital for the injured passenger to find someone to file a claim against because their own insurance policy would not provide as much compensation.
If they are forced to file a claim against their own auto insurance coverage and personal injury protection , they cannot recover for pain and suffering or lost wages. In large part, they would be limited to medical costs. Therefore, it is not better for the passenger to present their own auto insurance policy.
Because of this, the legal interests of the passengers may not coincide with those of the driver of the car in which they were traveling. Therefore, passengers should be careful when submitting a statement to the insurance company after the accident.
While passengers will always have the ability to recover, as they cannot be found guilty of the accident, they should consult with a personal injury attorney before giving statements to the insurance company.
A passenger must consider an accident to see how it affects his own interests, since he will have medical bills and lost work time for which he must be financially compensated. You are not necessarily doing your friend or family a disservice by seeking financial payments for your own injuries.
The best way for a passenger to understand the complexities of who they can sue or file a claim against is to contact a San Diego personal injury attorney . The lawyer would inform his client of the best way to make the necessary presentations to be compensated for the damages he has suffered.
For legal advice, contact San Diego personal injury attorneys for a free consultation . Our law firm can help you determine insurance coverage and take legal action.