What happens when a passenger gets injured in an accident? In many cases, it doesn’t matter if an injured person in a car accident is the driver or a passenger so long as the other car’s driver was at fault. But in those cases where the passenger’s driver was at fault, several issues come up.
Woman Passenger Dies after Ejection from Car in Tulare
On July 21, 2019, around 2:45 a.m., a woman passenger was found dead at the scene of a single-car accident. According to Tulare Police, the accident happened in the are of Mooney Boulevard and Prosperity Avenue when the car she was driving in crashed as it traveled southbound Mooney.
When police arrived, they found the driver injured and in the car, but the passenger was lying on the street and unfortunately died of her injuries.
Who pays when a Passenger is Injured?
The law says that anyone who hurts another through their negligence is liable for their injuries. In a typical two-car accident the at-fault drive is responsible for the injuries and damages of the other vehicle. Then the payments for compensation are paid from the insurance policy of the at-fault driver.
Many times, people don’t think about it, but if you are in a car and the driver of the car causes an accident where you are injured, then you can collect against the driver. This make sense when you think about it. People have auto insurance to protect them if they hurt someone else.
Typically, if the injured person is on the same policy like a spouse or child, they can’t make a claim against their spouse or another named individual on the same policy unless the policy expressly allows such a claim, which is unusual.
What if Driver in Same Car has no Insurance?
California law requires each driver to have insurance, but sometimes people drive without being insured. When this happens, the injured passenger can use their own auto insurance, provided they have uninsured/underinsured (UM/UIM) on their policy. The passenger can also use this if their injuries surpass the cap on the driver’s insurance.
In California, the minimum allowed for an auto insurance policy is $15,000 for one person’s bodily injury and $30,000 for two or more. If the injuries go over that, then the injured person’s underinsured provision will cover damages.
Wrongful Death and Passengers
The same rules for insurance coverage apply to the tragic cases where the passenger dies. The difference is that the surviving family will be the party bringing the claim, and the damages sought are those suffered by the family.
Contact a Tulare Car Accident Lawyer
Insurance issues can be complicated, and the best thing to do if you are a passenger in a car accident is to at least talk to an attorney. A good Tulare Car Accident Lawyer will know where to look for compensation sources for your injuries. Whether it’s the at-fault driver’s policy or the injured’s—or both—an attorney who knows the law will be able to determine which source will be applicable.
Don’t go it alone, contact an experienced and knowledgeable attorney at Maison Law today. We offer a free consultation where you can be advised of the law and have your case evaluated. Don’t wait for the insurance company to take care of you, call 559-203-3333 to talk to an attorney who can give you the peace of mind that your case is being competently and professionally handled so you can focus on your recovery.
