What Happens if I Was Injured as a Passenger in a Car Accident?

If you get hurt as a vehicle passenger in a car accident, you have the right to seek fair financial compensation for your injuries, medical bills and various other losses. California law allows all injured crash victims to seek compensation from the at-fault party, including passengers. Be aware, however, that your case may involve complicated issues of liability and insurance.

Who Pays for My Injuries if I Was a Passenger in a Car Accident?

California is a fault state, not a no-fault state. This means it requires all drivers to carry minimum amounts of liability insurance to pay for accidents they cause. When a motor vehicle collision occurs, the driver or party at fault for causing the crash is held liable, or financially responsible, for related damages. This includes damages suffered by any vehicle passengers.

As an injured passenger, you may have the right to bring an insurance claim or file a personal injury suit with a lawyer against the driver who caused the crash, whether that’s the person driving the car you were in or the driver of the other vehicle. Either way, the auto insurance policy of the at-fault driver should provide coverage for your losses.

What if the Driver Doesn’t Have Insurance?

As of 2025, the minimum liability insurance requirements in California are $30,000 per person and $60,000 per accident for injury or death. The “per accident” coverage will apply to all passengers injured in a crash. 

At least these amounts of insurance should be available to cover your medical expenses, lost wages, personal property damage and other hardships as an injured passenger. If there are multiple passengers, however, your claim may compete with others for coverage.

If an at-fault driver is uninsured, you may be able to file a claim with your own insurance company. Uninsured or underinsured motorist insurance on your own policy can provide an avenue for first-party coverage. 

It may also be possible to file a claim against a third party, such as the municipal government for an unsafe roadway. A car crash attorney in Los Angeles can investigate your accident to identify all sources of compensation.

Steps to Take After a Car Accident as an Injured Passenger

If the person you’re riding with gets involved in a car accident, make sure they pull over in a safe location. Check yourself and everyone else in the car for injuries. If someone is hurt or there is at least $1,000 worth of property damage, someone is legally required to report the car accident to local law enforcement. If you’ve been injured, get medical care immediately.

While you’re still at the scene of the accident, start gathering information to support your claim. This includes photos of the crash scene and your injuries, your police report number, and eyewitness information. The drivers involved should file a claim that includes your injuries. If fault is disputed or your injuries are catastrophic, you may need to involve your own lawyer.

Know When to Seek Legal Representation 

As a passenger, you will typically not be considered responsible for the crash. This will protect you from absorbing liability that can diminish your payout. However, this does not mean a car insurance company is guaranteed to treat you fairly or offer an appropriate amount in compensation for your losses. 

You may encounter problems trying to obtain fair compensation – especially if your injuries are catastrophic or permanent. An insurance company may try to downplay your injuries and convince you to settle for less than you deserve. Hiring an experienced attorney will allow you to fight back and protect your rights as an injured passenger.