Being injured as a passenger in California can leave you facing medical appointments and insurance calls even though you were not driving. The first questions are who caused the crash and which insurance policies may apply. The answer may involve the driver of your vehicle, another driver, or more than one insurer.
In this video, attorney Norman Gregory Fernandez explains why an injured passenger should look beyond a single insurance card when evaluating a claim.
Start with the collision evidence
Tell your attorney what you personally saw and heard. Where were you seated? Which direction was each vehicle traveling? Did you notice braking, a traffic signal or a sudden impact? Distinguish your own observations from what someone told you afterward. You do not need to guess about speed or fault.
Preserve photographs, witness contact information, the collision report number and messages about the crash. If you were using a rideshare service, save your trip receipt and the information displayed in the app. Those details help identify the vehicles, drivers and companies involved.
What if your friend or family member was driving?
A passenger may hesitate to raise an injury claim because the driver is someone close. Explain that concern during your consultation. The investigation still needs to consider that driver’s conduct and any applicable insurance. Do not assume another driver must be responsible simply because pursuing the person you know feels uncomfortable.
Insurance may provide a source of compensation, but making a claim can have consequences for the insured driver. Coverage and responsibility must be evaluated honestly. The existence of a policy does not guarantee payment or establish the amount recoverable.
Different insurance coverages serve different purposes
Bodily injury liability insurance may respond to injuries caused by a covered driver’s negligence. Depending on the evidence, claims involving more than one responsible driver may need investigation.
Uninsured or underinsured motorist coverage may also matter when an at-fault driver has no insurance or insufficient coverage. Ask your attorney to review potentially applicable policies rather than assuming that riding in someone else’s vehicle rules out coverage. Eligibility, policy terms and claim requirements matter.
Medical payments coverage, when available, can help with covered medical expenses regardless of fault, up to the policy limit. It serves a different purpose from a claim for the full range of injury losses. The California Department of Insurance automobile insurance guide explains these basic coverage categories.
Document your injuries and practical losses
Seek appropriate medical care and give your providers an accurate history of your symptoms, including relevant earlier conditions. Keep bills, treatment records, receipts and documentation of missed work. Write down the specific activities your injuries make difficult, without exaggeration.
Do not delay necessary care while insurers debate responsibility. Discuss billing arrangements with your providers and any available coverage with your attorney. Keep copies of insurance correspondence and promptly bring deadlines or requests to your attorney’s attention.
Review a proposed settlement before signing
A payment offer may include a release that affects other claims arising from the crash. Before signing, clarify who is being released, whether further treatment is anticipated, and whether reimbursement claims or other obligations affect the amount you would receive. Several available policies do not automatically mean their limits can simply be added together.
Our office offers a free consultation to discuss a California passenger injury, the available evidence and the next steps for evaluating responsibility and insurance.
General information, not legal advice. Coverage and recovery depend on the facts, applicable law and policy terms. Viewing this article does not create an attorney-client relationship.
Get Help Now
Work directly with an experienced California personal injury attorney. The Law Office of Norman Gregory Fernandez & Associates represents injured people statewide. Norman Gregory Fernandez has practiced law since 1997. Call 800-816-1529 for a free consultation or contact our office.
About Attorney Norman Gregory Fernandez
