If you were injured while riding as a passenger in a car accident, you’re likely wondering:
Do I have any rights? Who pays for my medical bills? Can I sue?
In California, the answer is clear: yes, you absolutely can take legal action, even if you weren’t driving. In fact, passengers often have stronger legal claims than drivers because they’re almost never at fault.
Still, filing a claim or lawsuit as a passenger could get complicated fast — especially if the crash involved multiple vehicles, a friend or family member was driving, or there’s limited insurance coverage involved.
Here’s exactly what you need to know if you were a passenger injured in an auto accident in California.
Passengers Have the Right to Compensation
Under California law, passengers are considered innocent parties in a crash. That means you can file a claim for:
- Medical bills
- Lost wages
- Pain and suffering
- Ongoing treatment or rehab
- Future loss of income or quality of life
It doesn’t matter whether the other driver or the driver of the car you were in was at fault, you can still recover damages.
Who Can You Sue as a Passenger in California?
The Driver of the Other Vehicle
If the other driver caused the crash, you could file a claim against their liability insurance or pursue a lawsuit if coverage is insufficient.
The Driver of the Car You Were In
Yes, even if he or she is your friend, coworker, or relative. California law allows passengers to sue the driver of the vehicle they were riding in if that driver was at fault.
You’re not suing them “personally” — you’re filing a claim against their auto insurance policy, which exists to cover exactly this kind of situation.
Both Drivers
In multi-car collisions, at fault may be shared. You can file claims against both drivers’ policies and let their insurers battle over percentages of liability.
Unique Scenarios for Passengers in a Car Accident
You were a rideshare passenger (Uber or Lyft):
You can file against the driver’s personal insurance, or against Uber/Lyft’s $1M policy if they were on the clock.
You were in a friend’s car, and they caused the crash:
You’re entitled to compensation, even if you feel awkward about it. Your friend’s insurance, not them personally, pays the claim.
The other driver was uninsured
You may still recover damages through your driver’s uninsured motorist (UM) coverage, or your own if you carry it.
You were partially at fault (e.g., not wearing a seatbelt):
You can still sue but your damages may be reduced under California’s comparative negligence laws.
Understanding Insurance Limits for Passengers
This is where things get tricky.
In California, minimum liability insurance is shockingly low:
- $15,000 per person
- $30,000 per accident
- $5,000 property damage
That means if multiple people were injured, the available insurance might not be enough, and then, it’s critical to work with a personal injury attorney who can identify all sources of compensation, including:
- Additional at-fault policies
- Umbrella coverage
- Rideshare or employer policies
- Your own UM/UIM coverage
- Medical payment coverage (MedPay)
Do You Need a Lawyer as a Passenger who was Injured?
In short? Yes.
Passengers often get caught in the middle of finger-pointing between drivers and insurers. And insurance companies may delay or underpay your claim unless you’re represented.
An experienced personal injury lawyer will:
- Investigate fault and insurance coverage
- Deal with adjusters and paperwork
- Help you avoid lowball settlements
- Maximize your total recovery — even after medical liens or splits
At the Law Offices of Ramtin Sadighim, we represent passengers throughout California, and we know how to navigate the legal maze of shared liability, split coverage, and complex multi-car claims.
Injured as a Passenger in California? Let’s Talk.
You didn’t cause the crash. You shouldn’t have to pay for it, or wait and hope that the drivers will sort things out and include you. Contact the Law Offices of Ramtin Sadighim today for a free attorney consultation.
We’ll tell you exactly what your case is worth — and fight to make sure you get it.
No pressure. No upfront fees. Just answers and support.
Call us at 888.999.8744 or visit www.CaliAccidentAttorney.com to learn more.