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What to Do if You are Injured in a Car Accident as a Passenger

August 16, 2021

If you have been injured in a car accident in which you played no role other than being a passenger in one of the vehicles, your accident claim will be somewhat different than it would be if you were a driver. This difference focuses entirely on the fact that you bear no liability in the accident, so there is no risk that you will be determined to carry a percentage of responsibility for the accident. 

You are, however, left with the often-complicated task of determining which driver is responsible for the damages you’ve suffered, and the answer may be both, which can naturally be a complicating factor in and of itself. If you’ve been injured as a passenger in a car accident, it’s time to consult with an experienced San Francisco car accident attorney

The Insurance Puzzle

The question of whose insurance policy to file your claim with after being injured as a passenger in an accident can be complicated, and it’s important to note that you may need to file with more than one carrier. Consider the following:

  • You will need to file with the at-fault driver’s insurance carrier. 
  • If both drivers share fault, you’ll need to file with both their insurance providers. 
  • If the driver of the vehicle that you were a passenger in was not at fault but carries MedPay coverage, you may be able to obtain compensation for your medical expenses through this coverage.
  • If you carry your own MedPay coverage, you can seek compensation for your medical bills through your own policy. 

It’s important to note that there are no MedPay coverage requirements in the State of California. Ultimately, your dedicated car accident attorney will help you determine the best path forward for you. 

At the Scene of the Accident

If you have been injured as a passenger in a car accident, there are some steps that you can take at the scene of the accident to help protect your claim (as applicable and to the best of your ability), including:

  • Don’t talk about the accident at the scene unless asked to give a statement by an attending officer.
  • Obtain contact and insurance information from the drivers involved.
  • Take eyewitness statements and obtain corresponding contact information.
  • Take pictures and videos that document the accident from every angle and that capture any extenuating circumstances, such as a poorly maintained road, low visibility, or anything else that may have played a role.
  • Jot down your recollections of how the accident happened as soon afterward as possible. 
  • Seek the medical attention you need as soon after the accident as possible (and accept medical care on the scene if it is offered).
  • Consult with a dedicated car accident attorney as soon as you are able to do so.

You Need an Experienced San Francisco Car Accident Attorney on Your Side

If you’ve been injured as a passenger in a car accident, the resourceful San Francisco car accident lawyers at Bogaards Law recognize the challenges you face and are well prepared to help. To learn more, please don’t hesitate to contact us for your free consultation today.


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