The answer is that under California negligence law, the person responsible for injuries to passengers, pedestrians, and others is subject to a lawsuit to compensate the victims. Were you a passenger in a car accident? Do you wish to claim compensation for your damages? Are you confused about whether you should file a personal injury lawsuit or try and settle with the defendant’s insurance company? Car accidents are not a task a novice should have to face without legal help. When someone gets in an accident as a car passenger, the pain, excitement, and stress can be extremely irksome, to say the least. This remains especially true if you or a loved one have been injured in a way that prevents normal everyday tasks, such as working or being able to drive to the store, etc.
In the State of California, when another individual or business hurts you or your loved ones, you are recognized as a victim with a right to file a personal injury claim against the wrongdoers accused of causing the accident. The good news is our talented and aggressive California car accident attorneys can give your potential case a swift once-over and guide you in the next steps to help you resolve any questions or fears.
Our experienced and aggressive legal team can counsel you about pursuing your rights to compensation and other legal options against any at-fault driver(s). (more than one person may be responsible for your injuries, including the driver of the car you occupied.)
Won’t Health Insurance Cover Damages For a Passenger in a Car?
No, the health insurance coverage will not reimburse victims for pain and suffering or other losses beyond medical bills and expenses. You still have to pay your deductible out of pocket. For example, what if the tow truck driver destroyed or even stole your laptop computer? Ok, so what about
The Car Insurance Company Wants To Investigate the Car Accident
Also, liability insurance won’t cover immediate medical care, so you will have many out-of-pocket losses while waiting for findings on your car accident claim. Our caring, honest lawyers will provide passenger car accident victims with a free legal consultation to discuss these issues and spearhead a plot toward the goal of total and fair compensation under California’s car accident laws.
When Are Injury Victims Empowered to Sue Over Personal Injuries?
Great question. Let’s take a look at what the law says if you want to pursue compensation after being in a vehicle accident. In California, injured motor vehicle passengers are entitled to compensation from the driver after receiving injuries, including property damage, lost wages, and other damages.
A Personal Injury Lawsuit is Best Handled By Experienced Lawyers?
True. First, you should avoid litigation at all costs and try and resolve the case amicably. Additionally, finding fault over who causes car accidents and learning how to file an insurance claim against the vehicle’s owner can be daunting. Even if you have auto insurance coverage or some other form of personal injury protection, a passenger may still need to sue to be fully compensated.
And what if negligent road maintenance played a role? Now you must pursue the city, state, or county, and you will have around six months to do that in most cases. A personal injury attorney with experience as a passenger car accident attorney can assist you in pursuing a claim against the negligent driver or in the third-party claim process.
Ramifications of Being Injured in an At-Fault State Like CA?
Some states don’t require anyone to be liable. Like work comp cases, they are governed under a no-fault system. But California has always been an “at-fault” state. This stark difference means it is vital to determine who is most or entirely at fault if you wish to be fully compensated. A car accident lawyer is trained to identify and pursue the party or parties at fault for a car accident.
Car Accident Claims Process
If an injured passenger wants to sue, the traditional method is to file a claim with the at-fault party’s insurance company first. Sometimes there is not enough coverage or no coverage at all. The lawyer can help find underinsured or uninsured motorist coverage in that case. If there is no coverage or a lowball offer and further negotiations are futile, a car accident lawyer can help the passenger sue.
What About Pure Comparative Negligence?
In California, as discussed, the contribution of other liable parties in accidents is also factored into the distribution of damages payments to the passenger injured or killed. In other words, any negligent or reckless maneuvers by the person driving the car you occupied will be discounted by the driver of the vehicle that crashed into you.
Similarly, if there were many causes of the car crash, each person who suffered injuries would need to make separate claims against each other partially liable party to pay you for your portion of the damages. But it would help if you also considered that other victims might be fighting for the same pile of available cash. This factoring-in process is known as California’s comparative negligence law.
If your automobile’s operator caused or partially contributed to the accident due to carelessness or recklessness, a jury or auto insurer has the right to minimize your total recovery by their portion of fault. Figuring out who is responsible for this can be emotionally and highly stressful. A serious injury lawyer at Ehline Law Firm can assess your case’s salient points and recommend a course of action on how to proceed and whether or not it’s worth it for you to pursue the legal process.
Steps To Take After Being in A Passenger Car Accident?
If you have been in an accident, knowing what steps to take to protect yourself and your potential claim is essential. Your actions and words after suffering serious injuries in an accident can significantly impact any future legal proceedings or insurance claims.
It is important to remain calm and follow these steps:
- The first step after an accident is to call the police swiftly. It is essential to have an official record of the accident, especially if any property damage or personal injury is involved.
- After calling the police, snap images and video of the accident scene, including any damage to property, the vehicles involved, your injuries, and your surroundings. These photos may be used as evidence in any legal proceedings or insurance claims.
- Obtain copies of insurance information, driver’s license info, and vehicle plate numbers. You must be able to identify later all vehicles involved in the auto accident, as this information is mandatory when filing an insurance claim, so please obtain contact information!
- If any eyewitnesses witnessed the accident, you must also obtain their contact information. Their eyewitness testimony may be important in any legal proceedings or insurance claims.
- Seek medical attention as soon as practicable. Even if you don’t think you got hurt, your pain could be blocked by adrenaline and shock. Some injuries may not become apparent until days or even weeks after the accident.
- Maintain any medical treatment plan prescribed by a doctor, and attend all follow-up appointments.
If you have already begun pursuing a claim while unrepresented, it is important not to accept any settlement until you have spoken to an attorney. Insurance companies may try to devalue your claim or treat you unfairly. But an attorney at Ehline Law Firm can help ensure that you receive fair compensation for any damages or injuries sustained in the accident.
In conclusion, if you have been in an accident, it is important to remain calm and take the appropriate steps to protect yourself, your personal property, and your potential bodily injury claim against all drivers involved in an accident. By following these steps, the passengers involved can help ensure that they receive fair compensation for any damages or injuries sustained in the accident. For example, what if you sustained significant disfigurement? Who will pay for the reconstructive surgery and the physical and mental distress?
What Damages Can I Recover in a Passenger Car Accident?
If you are involved in a passenger car accident, you may suffer from minor or severe injuries, some of which may not become apparent until a significant amount of time has passed. As your injuries progress, you may find it challenging to perform tasks as you used to, experience emotional distress, and face unexpected medical expenses. Without a fair settlement, you will probably be on the hook to pay everything. You are still legally obligated to pay ambulance and hospital bills, or at least your deductible.
As a passenger in a car accident, you may be entitled to compensation for the following damages:
- Physical pain and suffering
- Lost wages
- Reduced earning capacity
- Diminished quality of life
- Permanent injuries
- Mental health trauma and treatment expenses
- Medical bills.
It is important to note that some of these damages may not be immediately apparent. Therefore, settling too quickly with an insurance company may result in you receiving less compensation than you are entitled to. Additionally, if your healthcare provider made any medical payments on your behalf, you may be required to reimburse them if you later receive compensation from an auto insurance company.
Bringing a passenger car accident claim can be a complex and challenging process for any injured party. Just because there is adequate coverage, don’t expect insurance policies for the other vehicles to roll over and pay up. Insurance agents are not your friend either, especially if there is a large insurance policy and you suffered a serious injury claim in traffic as a passenger in a car accident.
Consult With a Passenger Injury Attorney
If you have been injured in a car accident as a passenger, it is crucial to consult with an experienced attorney in California law as soon as possible. The superior legal team at Ehline Law can review the car insurance policy of each vehicle involved and see if the liability coverage is there to cover your claims. We will also look at the police report to see if enough evidence exists to pursue teh other driver, drivers, or other at-fault parties.
California has limited time to bring a personal injury claim, and you usually have two years, with certain exceptions. Our firm understands the urgency of your case and can provide you with a free consultation to help you understand your legal options. Contact us today for more information by using our online website form or by dialing (213) 596-9642 to find out about obtaining maximum compensation for all passengers involved, which is your legal right. If we form an attorney-client relationship, we will negotiate and even litigate the case on your behalf, and we will take nothing unless we win.