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Can I Claim Damages As An Injured Passenger in a Car Accident?

Car accidents happen every day. When injuries are involved in these accidents, it can become very complicated and confusing. If you were a passenger in a vehicle that got into an accident, you have the right to file an injury claim.

First, you will need to determine who you will be filing a claim against: the insurance of the driver/owner of the car you were in or the other driver/owner of the vehicle involved in the accident. You will can collect from both drivers if there is mutual fault between them. Even if one driver is only slightly at fault, you can still collect from them, since you had no-fault at all as a passenger.

Understanding How Passenger Claims Work

Let's say, for example, you were riding in your friend's car when you got hit by minivan from behind. The driver of the minivan is mostly at fault, but your friend braked a little late, so they are slightly at fault too. You suffer and injury and have to go to the hospital, spend some time at physically therapy, and pay for medication. Your total damages chalk up to $25,000. You file an insurance claim against the minivan driver, but they only have $20,000 worth of insurance coverage. Would you have to pay the other $5,000 out of pocket? No. You would then collect the remaining $5,000 from your friend's insurance. As the passenger, you have no fault in the accident, which means you can collect from all parties involved in causing your damages.

When multiple cars or passengers are involved, matters can get even more complicated. It is important to remember that talking with a car accident attorney about your injuries can greatly benefit your case. If you have more questions about filing a claim for damages as a passenger, be sure to call on our San Jose personal injury lawyers. We have years of experience and offer free, initial consultations!