According to the California Office of Traffic Safety, there were 4,444 traffic fatalities in California in 2023 and Los Angeles County accounted for more than 20% of them. While not every crash is fatal, passengers often suffer serious injuries that come with overwhelming medical bills, time off work, and emotional stress.
If you were injured as a passenger and don’t know who’s at fault or what your rights are, contact a Los Angeles car accident lawyer.
Know Your Rights After a Car Accident as a Passenger
Just because you weren’t behind the wheel doesn’t mean you’re out of options. Many passengers are unaware of their strong legal rights following a crash.
If you have a car accident passenger injury in Los Angeles, California law protects your right to file a claim. Whether one or both drivers were at fault, you can pursue money to help cover your medical bills, lost wages, and more.
You may be able to file a claim:
- Against the driver’s insurance of the car you were in
- Against another driver involved in the accident
- Under your own insurance (like MedPay or uninsured motorist coverage)
Drivers Have a Legal Duty to Keep Passengers Safe
When you get in a car, you trust the driver to act responsibly. But if they don’t, they could be held legally responsible for your injuries.
Drivers in California are required to follow the rules of the road and protect their passengers. If you suffered a car accident passenger injury in Los Angeles because the driver was distracted, drunk, speeding, or breaking the law, you have every right to take legal action.
Even if the driver was someone you know, it’s their insurance, not them personally, that pays for your losses.
Passengers can suffer catastrophic injuries in a crash, even when they had no control over what happened, making it critical to fully evaluate the extent of the harm.
Determining Fault in a Passenger Injury Case
Car accidents can be complex, especially when more than one driver shares the blame. As a passenger, you aren’t expected to sort out who’s at fault, but knowing how responsibility is determined can help you feel more in control.
Fault is usually determined based on:
- Police reports
- Photos from the scene
- Witness statements
- Insurance investigations
What If Both Drivers Were at Fault?
Car accidents where both drivers are at fault can be complex and contentious. In these situations, each party may share responsibility for the collision, leading to disputes over liability and insurance claims. Factors such as reckless driving, failure to yield, or distracted behavior from both drivers can contribute to the accident. These cases often require thorough investigation and negotiation to determine the extent of each driver’s culpability and the appropriate course of action.
California follows a pure comparative negligence rule (Civil Code §1714), which means even if a driver you were riding with was partially at fault, you can still pursue full compensation from all responsible parties. As a passenger, you are almost never assigned any percentage of fault.
If your car accident passenger injury involved multiple drivers, our Los Angeles car accident lawyer may file claims with more than one insurance company to get you full compensation.
What If the At-Fault Driver Had No Insurance?
California requires all drivers to carry auto insurance but roughly 1 in 6 drivers on Los Angeles roads is uninsured. If the driver who caused your accident had no coverage, you still have options.
Your own uninsured motorist (UM) coverage is the most direct path. If you have your own auto policy with UM coverage, it can compensate you for injuries caused by an uninsured driver, even when you were a passenger in someone else’s car.
The vehicle owner’s UM coverage may also apply. If the car you were riding in carries uninsured motorist coverage, that policy may extend to you as a passenger.
MedPay coverage is another option if either policy includes it. Medical payments coverage pays for your medical bills regardless of fault — and regardless of whether the other driver was insured.
Direct litigation remains available as a last resort. If the at-fault driver has personal assets, your attorney can pursue them directly through a lawsuit. This is less common but not off the table.
As a passenger, you did nothing wrong. An uninsured at-fault driver doesn’t eliminate your right to compensation — it changes where that compensation comes from. A Los Angeles car accident attorney can quickly identify every available coverage source and pursue all of them simultaneously so nothing is left on the table.
You May Be Entitled to Compensation as an Injured Passenger
Medical bills add up quickly after a crash, and missing work can make an already stressful situation even more difficult. But if you were injured as a passenger, you may not have to face these costs alone. California law gives you the right to seek compensation when the accident wasn’t your fault.
If you were recently injured as a passenger in a Los Angeles car accident, you may be able to recover:
Economic Damages You Can Recover
- Emergency room and hospital bills
- Follow-up visits and physical therapy
- Lost income from missed work
Non-Economic Damages
- Pain and suffering
- Emotional distress
Even small injuries can lead to big bills or long-term pain. Talk to our car accident lawyer in Los Angeles as soon as possible to understand your options.
Keep in mind: You typically have two years from the date of the crash to file a personal injury claim in California. Waiting too long could cost you the compensation you deserve. One important exception, if the at-fault vehicle was a government vehicle (an LA Metro bus, an LADOT vehicle, or an LAPD or city employee’s car) you have only six months to file a government tort claim under the California Government Claims Act. Missing this deadline bars your case entirely. If a government vehicle was involved, call an attorney immediately.
Ways to File a Claim as an Injured Passenger
You were injured, and now the bills are piling up. But being a passenger doesn’t take away your ability to seek justice.
If you’ve suffered a car accident passenger injury in Los Angeles, you have several ways to get compensated, and most don’t involve going to court or blaming someone close to you.
Here’s how most claims work for injured passengers in a car accident in Los Angeles:
- File a claim with the at-fault driver’s insurance.
- If both drivers share the blame, file with both insurers.
- Use your own MedPay or uninsured motorist coverage if needed.
Were You a Passenger in an Uber or Lyft in Los Angeles?
Rideshare accidents in Los Angeles involve a different insurance structure than standard car accidents. When a passenger is injured in an Uber or Lyft, the applicable coverage depends on the driver’s app status at the time of the crash:
- If the driver was on an active trip: Uber and Lyft provide up to $1 million in liability coverage
- If the driver was waiting for a ride request: a lower-tier coverage applies, starting at $50,000 per person
- If the driver was offline: only their personal insurance applies
As a rideshare passenger, you are covered regardless of which driver caused the crash. If another driver hit the Uber or Lyft you were riding in, you may have claims against both that driver’s insurance and the rideshare company’s policy. Note: As of 2026, new UM/UIM coverage rules for rideshare passengers have changed — the required uninsured motorist coverage is as low as $60,000 per person, making your own UM coverage and other available policies more important than ever.
Our Los Angeles car accident attorneys handle rideshare passenger injury claims regularly.
Can Passengers Be Held Responsible for a Crash?
In most cases, passengers are not blamed for a crash. But there are a few rare situations where your actions could affect your claim.
Here’s when a passenger might be considered partly responsible:
- You grabbed the steering wheel
- You distracted the driver
- You encouraged risky behavior, like speeding or racing
Even if you’re partially at fault, you can still recover compensation. Under California’s rules, your compensation amount may be reduced based on your role.
Common Injuries Passengers Suffer in Car Crashes
Not every injury shows up right away. In the hours after a car accident passenger injury in Los Angeles, adrenaline can hide symptoms like pain, dizziness, or stiffness. That’s why it’s important to seek medical attention as soon as possible.
Passengers often suffer:
- Neck and back injuries (like whiplash)
- Head injuries or concussions
- Broken bones
- Cuts and bruises
- Internal bleeding or organ damage
Documenting your injuries early helps protect both your health and your case.
Were you injured in a Los Angeles car accident?
Our car accident attorneys offer a free, no-obligation consultation — no fees unless we win your case.
Talk to a car accident lawyer → (213) 985-1120What to Do After a Crash as a Passenger
If you’ve just been in a car crash, you might feel shaken or unsure of what to do. Taking the right steps now can help you protect your rights later.
Here’s what to do after a car accident passenger injury in Los Angeles:
- Call 911 and get medical help.
- Take photos of the scene and your injuries.
- Get contact and insurance info from all drivers.
- Don’t admit fault or sign anything.
- Call a car accident attorney right away.
Can You Still File a Claim If Both Drivers Caused the Crash?
Sometimes it’s not just one driver’s fault, it’s both. This is called shared liability, and it’s common in multi-car accidents.
As a passenger, this won’t stop you from getting compensation. Your car accident lawyer can file with both drivers’ insurance companies and figure out how to maximize your recovery.
If you suffered a car accident passenger injury in Los Angeles, let a car accident lawyer handle the details while you focus on healing.
Filing a Claim Against a Friend or Family Member’s Insurance
We understand that filing a claim when the driver is someone you care about can feel uncomfortable. Many passengers hesitate because they don’t want to “blame” a loved one or create tension. But here’s the truth: you’re not suing them personally, you’re using the insurance they’ve paid for to protect everyone in situations like this.
If you suffered a car accident passenger injury in Los Angeles while riding with a friend, family member, or even a co-worker, their insurance policy likely covers your medical expenses, lost wages, and other losses. That’s exactly what insurance is for.
There’s no need to feel guilty. Filing a claim is a smart and responsible step toward your recovery, not an attack on someone you care about.
How Much Can a Passenger Recover After a Car Accident in Los Angeles?
Passenger car accident settlements in Los Angeles depend on the severity of injuries and the coverage available from all at-fault drivers. General ranges:
Soft tissue injuries (whiplash, sprains): $15,000–$75,000
Broken bones: $50,000–$200,000+
Head injuries and concussion: $75,000–$350,000+
Traumatic brain injury or spinal cord damage: $500,000–$5,000,000+
Because passengers can file claims against multiple parties simultaneously, total recovery can exceed what a single driver’s policy provides. An experienced Los Angeles car accident lawyer can identify all available insurance sources and fight to maximize your total compensation.
Frequently Asked Questions: Personal Injury Claims When the Driver Is Being Prosecuted
Does a criminal conviction automatically win my personal injury case in California?
No — but it helps substantially. Under California Evidence Code § 1300, a felony conviction is admissible in your civil case to prove facts essential to the judgment. The conviction establishes certain facts without requiring you to relitigate them. However, you still need to prove the full extent of your damages, and the civil case must actually be filed and actively pursued. A conviction sitting in the court file does nothing for your medical bills on its own.
Can I file a civil lawsuit before the criminal case is over?
Yes. In California, civil and criminal proceedings are independent. You can file your personal injury lawsuit while the criminal case is still pending, and in many situations doing so is strategically advantageous. Your attorney can coordinate the timing of specific filings and discovery to benefit from developments in the criminal case without waiting for its conclusion.
What if the driver is found not guilty — can I still sue?
Absolutely. An acquittal in criminal court does not bar a civil lawsuit. The burden of proof in a civil case — preponderance of the evidence — is significantly lower than the criminal standard of beyond a reasonable doubt. The same facts that were insufficient to convict beyond a reasonable doubt may be more than sufficient to establish civil liability. The O.J. Simpson cases remain the most well-known example of this principle in American law.
Will the DA’s investigation help my personal injury claim?
It can, but only if you have an attorney positioned to use it. Police reports, breathalyzer results, BAC records, dashcam footage, and witness statements gathered during the criminal investigation are potentially powerful civil evidence. An experienced personal injury attorney knows how to obtain these records and deploy them in your civil case — including obtaining them before they become restricted after the criminal proceedings conclude.
Does restitution from the criminal case replace a civil settlement?
No. Criminal restitution under California Penal Code § 1202.4 covers direct economic losses and is difficult to enforce. It rarely accounts for pain and suffering, future medical costs, long-term loss of earning capacity, or emotional distress. A civil settlement or judgment is the only mechanism that can fully compensate you for everything you have lost.
Can I get punitive damages if the driver was arrested for DUI?
Yes. Under California Civil Code § 3294 and the California Supreme Court’s decision in Taylor v. Superior Court (1979) 24 Cal.3d 890, voluntarily driving under the influence constitutes malice — a conscious disregard for the safety of others. That satisfies the legal standard for punitive damages. You do not need to prove the driver intended to hurt you. Punitive damages are awarded in addition to your compensatory damages and are not covered by standard auto liability insurance policies.
How long do I have to file a personal injury claim in California when the driver is being prosecuted?
Two years from the date of the injury under California Code of Civil Procedure § 335.1. This deadline does not pause for the criminal case. If a government entity is involved — a city vehicle, a public road defect, a government employee — you have only six months to file an administrative claim under California Government Code § 911.2. Missing either deadline can permanently bar your claim.
What is the difference between what a prosecutor does and what a personal injury lawyer does for me?
The prosecutor represents the State of California. Their goal is conviction and punishment. They owe you no legal duty of representation and make all strategic decisions — including plea deals — without your consent. Your personal injury attorney represents you exclusively. Their goal is maximum financial compensation for your losses. They work on contingency, meaning their fee comes from what they recover for you, not from your pocket.
Hurt as a Passenger in a Crash? We’re Here to Help!
You shouldn’t have to navigate this on your own, especially when you’re injured and overwhelmed. At El Dabe Ritter Trial Lawyers, we’ve helped countless passengers recover the compensation they deserve after being hurt in a crash.
Whether you’re facing mounting medical bills or struggling with an uncooperative insurance company, we know how to step in and fight back.
Our legal team understands the challenges of a car accident passenger injury in Los Angeles, and we’re here to make the process easier for you from start to finish.
Here’s what you can expect when you work with us:
- Free, no-pressure consultations to answer your questions
- No upfront fees—we only get paid if we win your case
- Experienced Los Angeles car accident attorneys who treat your case like it matters
- We’ve recovered millions for injured passengers across California
We handle the insurance companies so you can focus on healing
Insurance companies have lawyers on their side. You should too. With over 60 years of combined experience, our Los Angeles car accident attorneys know how to stand up to insurers and fight for injured passengers.
If you were injured as a passenger in a Los Angeles car accident, we’re ready to pursue the full compensation you deserve. Your consultation is free, and you pay nothing unless we win.
We’ve recovered $500M+ for California injury victims, including passengers who didn’t know they had a case.
Call us today for a free case review!