I was injured as a passenger. What are my rights?
If you are driving and get into an accident, a lot of time is expended on figuring out who was at fault. If you are a passenger and get into an accident, you have no liability. The next question to ask is this: what can I do to deal with my own injuries, losses, and hardships?
In California, drivers are required to have, Bodily Injury Liability, Property Damage Liability, Uninsured Motorist Bodily Injury, and Uninsured Motorist Property Damage coverage. Bodily Injury Liability coverage requires a minimum of $15,000 per person and $30,000 per accident, Property Damage Liability requires a $5,000 minimum, Uninsured Motorist Bodily Injury requires $15,000 per person and $30,000 per accident, and Uninsured Motorist Property Damage requires a minimum of $3,500.
One of the options of a passenger would be to file a Passenger Injury Claim. In this situation, the passenger of the vehicle would gather insurance information from both the driver of the other vehicle involved in the accident and the driver of the vehicle that he or she was riding in; each insurance company would receive a claim from the passenger. In a case where both drivers are at fault for the accident, a lawyer would be able to settle the claim with both insurance companies involved.
Problems can arise during a Passenger Injury Claim. For example, drivers’ insurances may not be adequate to cover the expenses that were accrued as a result of the accident. In states like California, the minimum driving insurance coverage is only $30,000. If there are multiple passengers involved in the accident with multiple claims, the insurance money will be split between those individuals. If the insurer isn’t able to reach a settle with the passengers, they will need to file suits.
Another option is to see whether or not the drivers or you have Medical Pay Benefits coverage. In some states MedPay is required, but in California it is something drivers can add to their insurance plans. MedPay can pay for the medical bills and injuries of the drivers and passengers involved in an accident. Insurance companies should not raise your insurance bills if you were not at fault. However, even if you do get Medical Pay Benefits coverage, it may not be enough to cover all of the bills that have been acquired as a result of the accident.
In any case, it is important to seek a lawyer to fully understand the situation and know the next steps in your case. Email Salek Law Firm at info@saleklaw.com or call (714) 258-7800 to find out more.