If you were a passenger in a car accident, you may be wondering if you can take legal action for the injuries you sustained. The answer is yes—passengers have the legal right to pursue compensation when they are injured due to someone else’s negligence. Whether the at fault driver was operating the car you were riding in or was another vehicle on the road, you may be eligible to file a personal injury claim.
At Crowell Law Offices, we help car accident victims in Sacramento and throughout California understand their rights and recover compensation after a crash. If you’ve suffered injuries as a passenger, you don’t have to face the legal process alone.
Legal Rights of a Passenger in a Car Accident
California law allows injured passengers to seek compensation through an insurance claim or personal injury lawsuit. If you were a passenger in a car during a crash, you have the right to file a claim against the at fault driver, whether that’s your own driver, the other driver, or both.
Even if you didn’t have insurance, you’re still entitled to compensation for your injuries. Depending on the circumstances, multiple insurance policies may come into play, including the driver’s insurance company, the other driver’s insurer, or even your own personal injury protection coverage.
Who Can a Passenger Sue After a Car Crash?
In most cases, a passenger is not considered responsible for the accident. You may be eligible to file a claim against one or more of the drivers involved.
The Driver of the Car You Were In
If the driver of the vehicle you were riding in caused the crash—due to speeding, distraction, or impaired driving—you can file a claim against their insurance. This is true even if the driver is a close friend or family member. Their insurance coverage is there to cover injuries for passengers.
The Other Driver
If the other driver was at fault, their insurance company may be responsible for your medical bills, lost wages, and other damages. In some two car accidents, fault may be shared between both drivers. If this happens, you may be able to file claims against both parties to maximize compensation.
What Compensation Can a Passenger Recover?
As a passenger in a car accident, you may be entitled to a range of damages. These often include:
- Medical bills and future medical expenses
- Medical treatment and physical therapy
- Lost wages and lost income from time off work
- Pain and suffering
- Emotional distress and long-term consequences
- Permanent disability or permanent injuries
A qualified car accident attorney can help calculate the full value of your personal injury claim to ensure you receive fair compensation for all expenses related to your injuries.
Steps to Take After a Passenger Injury
If you’ve been injured as a passenger, taking the right steps after the crash can protect your legal rights and strengthen your case:
1. Seek Medical Attention
Even if your injuries aren’t immediately apparent, getting prompt medical care is crucial. Medical records will support your claim and connect the accident to your injuries.
2. File a Police Report
Make sure the accident is officially documented. A police report will identify all drivers involved and may help prove negligence in your case.
3. Gather Insurance Information
Get the insurance details from both drivers. In some cases, the driver’s insurance policy limits may not be enough to cover your injuries, especially in serious accidents with multiple passengers injured.
4. Contact a Personal Injury Attorney
Navigating claims with insurance companies can be difficult—especially when multiple drivers are involved or when liability is unclear. An experienced legal team can manage the claims process, negotiate with insurers, and file a lawsuit if necessary.
Can I Sue My Own Driver?
Yes. Even though it may feel awkward, passengers have every right to sue their own driver if their negligence caused the accident. Your claim is typically handled by the driver’s insurance company—not the driver personally.
You may also be able to recover compensation through personal injury protection, depending on the insurance policies involved.
What If Multiple Passengers Are Injured?
When multiple passengers are injured in a single driver accident or multi-vehicle crash, there may be limits to how much compensation is available through each insurance policy. This is why it’s important to act quickly, preserve your right to file a claim, and speak with a car accident lawyer to protect your interests.
How Crowell Law Offices Can Help Injured Passengers
Our Sacramento-based legal team has extensive experience handling passenger injury claims. We investigate the accident scene, review crash reports, work with medical providers to document injuries sustained, and fight to recover full compensation for our clients.
We’re here to help car accident passengers deal with:
- The claims process and insurance company delays
- Denied claims or limited insurance coverage
- Serious injuries and medical expenses
- Legal proceedings, including filing in civil court
Whether you’re dealing with a drunk driver, a distracted driver, or an accident involving multiple parties, our team will fight for your recovery.
Learn more about your rights as a passenger in a car accident. Call Crowell Law Offices at (916) 303-2800 to schedule your free, no-obligation consultation. You can also reach us anytime through our contact page. Let us help you take the first step toward justice and recovery.
FAQs: Passenger Rights After a Car Accident in California
Can a passenger sue both drivers after a crash?
Yes. If both drivers involved share fault, you may file claims against both insurance companies to recover damages.
What if I was injured in a single driver accident?
You can still file a claim against the driver’s insurance policy, even if only one vehicle was involved and your driver caused the crash.
Will my medical bills be covered after a car accident?
Your medical bills may be covered through the at fault driver’s insurance, personal injury protection, or your own health insurance. A car accident attorney can help ensure all medical treatment costs are included in your claim.
How long do I have to file a personal injury lawsuit?
In California, the statute of limitations for most car accident injury claims is two years from the date of the crash.
Do I need a lawyer for a passenger injury claim?
Yes. Insurance companies often try to minimize payouts, especially when multiple claims are filed. A personal injury attorney will advocate for you and make sure you receive fair compensation.
