Passengers have the same rights to be compensated for their injuries as drivers in a car accident. However, most passengers will have questions regarding how to get their claim started. Is the other driver responsible or your driver? Whose insurance should you contact? Is your driver going to be mad if you file a claim against their insurance?
First and foremost, you must know that whoever was negligent (i.e. caused the accident) will be liable for your injuries – even your driver has a duty to drive with care for your safety as a passenger. Once liability is established, your case can be treated just like any driver vs driver case. Your next step would be to contact the insurance company whose driver was at fault, either your driver or the other driver. If both drivers are at fault, however, you can file a personal injury claim against both your driver and the other driver’s insurance company for your damages.
Some passengers may feel guilty or hesitate filing a claim against their driver’s insurance company where their driver was at fault. However, you’re not attempting to get compensated from them personally because in fact, you’re making a claim against their insurance company. This is why your driver pays for insurance!
Most cases aren’t as clear cut and simple as we would like, so for more questions or for a free consultation regarding your case, call Mercado & Sacramento, PC at (510) 340-4LAW.