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Personal Injury

I Was Injured as a Passenger. What Are My Rights?

February 13, 2018 · 5 min read · Salek Law Firm

If you are driving and get into an accident, a lot of time is spent figuring out who was at fault. If you are a passenger, you have no liability. The next question is: what can I do to deal with my own injuries, losses and hardships?

California's minimum coverage

In California, drivers are required to carry Bodily Injury Liability, Property Damage Liability, Uninsured Motorist Bodily Injury, and Uninsured Motorist Property Damage coverage. Bodily Injury Liability 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.

Filing a passenger injury claim

One option for a passenger is to file a Passenger Injury Claim. The passenger gathers insurance information from both the driver of the other vehicle and the driver of the vehicle they were riding in; each insurance company then receives a claim. Where both drivers are at fault, a lawyer can settle the claim with both insurance companies involved.

Problems can arise. Drivers' insurance may not be adequate to cover the expenses accrued. If there are multiple passengers with multiple claims, the insurance money is split between them. If the insurer cannot reach a settlement, suits may need to be filed.

MedPay benefits

Another option is to see whether the drivers — or you — have Medical Pay (MedPay) Benefits coverage. In some states MedPay is required; in California it is something drivers can add to their plans. MedPay can pay for medical bills and injuries of drivers and passengers involved in an accident, and insurers should not raise your bills if you were not at fault. Even so, it may not be enough to cover everything.

In any case, it is important to seek a lawyer to fully understand your situation and the next steps. Email Salek Law Firm at info@saleklaw.com or call (714) 258-7800 to find out more.

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