How do I submit a claim if I was a passenger injured in an accident in California?

To submit a claim as an injured passenger, you primarily file a claim against the at-fault driver's auto insurance policy. You may also have rights under the insurance for the car you were in or even your own policy. Here are the steps to take: Step 1: Get Medical Attention Your health is the priority. Seek immediate medical care for your injuries and be sure to follow all doctor's orders. This creates an official record of your injuries, which is essential for your claim. Step 2: Identify All Relevant Insurance Policies Gather insurance information for the at-fault driver, the driver of the car you were a passenger in, and your own auto insurance policy if you have one. You will need the drivers' names, insurance company names, and policy numbers. A police report will contain most of this information. Step 3: Notify the Insurance Companies Contact the at-fault driver's insurance company to open a third-party injury claim. Do not provide a recorded statement or accept a quick settlement offer without understanding your rights. Also, notify the insurance company for the vehicle you were in, as its Medical Payments (MedPay) or Uninsured/Underinsured Motorist (UM/UIM) coverage may apply. Step 4: Collect and Organize Your Documents Gather all related paperwork. This includes the police report, photos of the accident scene and your injuries, all medical bills and records, and documentation of any lost wages from your employer. Keep everything organized in one place. Important details: As a passenger, you are almost never considered at fault. You can file a claim against any driver who was negligent. If the at-fault driver has no insurance or not enough to cover your damages, you may be able to use the Uninsured/Underinsured Motorist (UM/UIM) coverage from the policy of the car you were in or from your own policy. Medical Payments (MedPay) coverage can also help pay your medical bills immediately, regardless of who was at fault. Warnings and limitations: You must file a lawsuit for personal injuries within two years of the accident date, as required by California Code of Civil Procedure Section 335.1. If you miss this deadline, you will lose your right to recover damages. Be cautious when speaking with insurance adjusters, as their goal is to minimize the amount the company pays. This is general information and does not constitute legal advice. For complex situations, especially if your injuries are serious or fault is disputed, consult with a qualified California attorney.
Disclaimer: This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
Views: 35
Updated: August 13, 2025
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