Passenger Injuries in Car Accidents: Your Rights Under California Law
If you were injured as a passenger in a car accident, you might be wondering what your rights are — and who’s responsible for paying your medical bills, lost wages, and other damages.
Many passengers don’t realize they have just as much right to compensation as drivers. In fact, California law strongly protects injured passengers — even when the crash involves a family member, friend, rideshare driver, or multiple vehicles.
Here’s what you need to know about filing a claim as a passenger, how liability works, and what options you have to recover after an accident.
Can a Passenger File a Personal Injury Claim in California?
Yes. In California, passengers who are injured in car accidents can file a personal injury claim just like any other victim. You are considered a third party, which means you’re not presumed to be at fault — and you may be entitled to compensation for:
- Medical expenses
- Future treatment costs
- Lost wages or missed work
- Pain and suffering
- Emotional distress
- Permanent disability or scarring
Whether you were riding with the at-fault driver or hit by another vehicle, you can still pursue a claim.
Who Is Liable for a Passenger’s Injuries?
One of the most common questions passengers ask is:
“Whose insurance pays for this?”
The answer depends on the facts of the accident — but generally, liability falls on:
- The driver of the car you were in, if they were at fault (including friends or family)
- The driver of another vehicle, if they caused or contributed to the crash
- Both drivers, in cases involving shared fault or multi-car collisions
As a passenger, you are rarely considered liable. Even if both drivers were partially responsible, you can still recover compensation from either or both insurance policies, depending on the circumstances.
What If the At-Fault Driver Is a Friend or Family Member?
It can feel uncomfortable to bring a claim against someone you know — especially if they’re the person who gave you a ride. But in reality, you are not suing them personally. You are filing a claim against their insurance company, which exists to cover exactly this type of situation.
It’s important to prioritize your health and financial stability. Medical bills, lost income, and future care needs can add up quickly. Filing a claim helps ensure you get the treatment and compensation you need — without putting direct financial pressure on the driver.
Passenger Claims in Rideshare Accidents (Uber & Lyft)
If you were a passenger in a rideshare vehicle (Uber, Lyft, etc.) at the time of the crash, you are covered by the company’s insurance policy — which can provide up to $1 million in liability coverage.
Whether the rideshare driver or another vehicle caused the crash, you are still eligible to file a claim and recover damages. An attorney can help determine which policy applies and ensure your claim is handled properly.
What If Multiple People Were Injured in the Same Crash?
In accidents with several injured passengers (like family or group rides), the available insurance coverage may be shared among all claimants — especially if policy limits are low.
A personal injury attorney can:
- Identify all possible insurance policies (auto, umbrella, rideshare, etc.)
- Make sure your claim is filed promptly and thoroughly
- Negotiate your fair share of any limited insurance funds
- Pursue additional compensation if your damages exceed the policy limits
Acting quickly is especially important when multiple claims are being filed from the same crash.
Will My Own Insurance Help If I’m a Passenger?
Yes — in some situations, your own uninsured/underinsured motorist (UM/UIM) coverage may help if:
- The at-fault driver doesn’t have enough insurance
- The at-fault driver was uninsured
- There’s a dispute over liability or coverage
Your Med Pay (Medical Payments Coverage) may also help cover medical bills, even if you weren’t driving. These are often overlooked benefits that can provide important financial support early in your recovery.
Why You Should Work With a Lawyer for a Passenger Injury Claim
Passenger claims may seem straightforward — but they can quickly become complicated when:
- Fault is disputed
- Multiple passengers are injured
- Insurance companies delay or deny responsibility
- You're unsure which driver’s policy applies
- There are concerns about preserving relationships with the driver
A personal injury attorney can:
- Gather medical records and document your losses
- Deal with all insurance companies on your behalf
- Coordinate with healthcare providers
- Help you get treatment even without insurance
- Maximize the value of your claim while protecting your rights
You focus on healing. Let your attorney handle the rest.
Injured as a Passenger? You Don’t Have to Go Through This Alone
Being a passenger in a crash can leave you feeling powerless — but you have strong rights under California law. Whether the driver was a friend, a stranger, or a rideshare company, you deserve full compensation for what you’ve been through.
Call Lawyer Gigi today for a free consultation.
We’ll explain your options, handle the insurance companies, and help you recover the compensation you need to move forward.
