Auto accidents don’t just impact drivers—passengers are often seriously injured in crashes as well. However, many misconceptions about passenger rights, liability, and insurance coverage prevent injured passengers from seeking the compensation they deserve. If you or a loved one has been injured as a passenger in a car accident in California, it’s important to separate fact from fiction.
Myth #1: Passengers Can’t File an Injury Claim
Many passengers mistakenly believe they have no legal options after an accident, especially if the driver of their vehicle was at fault. In reality, passengers have the right to seek compensation, regardless of who caused the crash. If another driver was responsible, the passenger can file a claim against that driver’s insurance. If the driver of the vehicle they were in was at fault, the passenger may also be able to file a claim under that driver’s insurance policy.
Myth #2: You Can’t File a Claim If the At-Fault Driver Is a Friend or Family Member
Passengers often hesitate to file a claim when the at-fault driver is a friend or family member, fearing it will create conflict. However, passenger claims are made against the driver’s insurance policy, not their personal finances. That means the driver won’t have to personally pay for medical bills, lost wages, or other damages—their insurance company will handle the compensation. Filing a claim ensures that you get the financial support you need for your recovery.
Myth #3: If You Weren’t Wearing a Seatbelt, You Can’t Get Compensation
While California law requires passengers to wear seatbelts, failing to do so does not automatically disqualify you from receiving compensation. The insurance company may argue that your injuries were worse because you weren’t wearing a seatbelt, but you can still pursue damages for the portion of injuries caused by the crash itself. California follows a comparative negligence rule, meaning your compensation may be reduced but not necessarily denied.
Myth #4: You Can Only Get Compensation from One Insurance Policy
Some passengers assume they can only file a claim with one insurance company, but this is not always the case. Depending on the accident, you may be able to recover compensation from:
The at-fault driver’s insurance (whether it’s the driver of your vehicle or another vehicle involved)
Your own medical payments (MedPay) coverage
Uninsured/underinsured motorist (UM/UIM) coverage if the at-fault driver doesn’t have enough insurance
An experienced personal injury attorney can help determine all possible sources of compensation to ensure you receive the full amount you deserve.
Myth #5: Passenger Injury Claims Are Always Simple
While passengers are rarely considered at fault in an accident, insurance companies still try to minimize payouts. They may dispute the severity of your injuries, delay your claim, or offer a low settlement. Additionally, if multiple passengers were injured in the same crash, the available insurance coverage may not be enough to fully compensate everyone. Having a skilled attorney on your side can make a significant difference in getting the maximum compensation possible.
Don’t Let These Myths Stop You from Seeking Justice
If you’ve been injured as a passenger in a California car accident, don’t let misinformation prevent you from getting the compensation you deserve. Medical bills, lost wages, and pain and suffering can have a lasting impact, and you have the right to seek financial recovery. The experienced attorneys at Doyle Accident and Personal Injury Attorneys in the San Gabriel Valley can guide you through the legal process and fight for your rights.
Call (626) 737-0036 today for a free consultation!
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