The average person can experience three to four vehicle accidents in a lifetime. Over three-quarters of all drivers will also get involved in at least one road incident.
Unfortunately, half of all motor vehicle accidents in the US result in injuries. Indeed, of the average six million car crashes each year, three million people get injured.
As you can imagine, many of these injured individuals are passengers. This means that passengers are also very likely to get injured in a car accident. What's more, passengers in a smaller car have a much greater injury risk than passengers of SUVs or vans.
With all that said, it's vital you know what to do if you ever get injured as a motor vehicle passenger.
To that end, we created this guide covering the steps to take as an injured passenger. Read on so you know who to pursue for compensation for the damages you may sustain.
What to do if injured in a car accident as a passenger
If you sustain a severe car accident injury, please dial 911 or emergency services right away. These include wounds with heavy bleeding, broken bones, or loss of sensation in a body part. Do the same if there's another passenger who remains unconscious.
After reaching out to medical or emergency services, be sure to take these next steps.
Call the police and file a report
Contact the nearest police department too, so that you can file a report. California law requires reporting of crashes that lead to over $1,000 in property damage. It's also mandatory for any incident that results in bodily injuries or fatalities.
Even if you’re not sure how much the damage is, it’s still best to call the local PD. This way, the police can assist you and the other passengers involved. The law enforcers will also question your driver and the other drivers affected by the crash.
Get your driver's license, vehicle, and insurance information
Ask your driver to show you their driver's license. You can take a photo of the front and back so that you'll have a copy of their essential info. Be sure to note your driver's vehicle make, year, model, and license plate number.
Next, ask your driver who their auto insurance provider is and their policy number. You'd need these, the police report, and witness accounts once you file a claim for your injuries.
Ask for the Insurance Details of the Other Drivers
Most drivers who get into car accidents are the ones who approach the other parties. If your driver has done this, you can ask them the details of the other involved drivers. The info should be the same as the one you acquired from your driver.
File a claim against the at-fault driver's insurer
In California, injury victims must file a claim with the at-fault driver's insurer. Because it's an at-fault state, injury victims must first prove a driver's liability.
At the same time, the Golden State implements pure comparative negligence laws. This means that your driver may not be the only party at fault. It's possible that your driver is only 50% at fault, while the other driver is also 50% liable.
In such cases, you'd need to deal with both at-fault drivers' insurance providers.
For this reason, you should reach out to a car accident lawyer in the days following the car accident. Your attorney will be the one to deal with the involved drivers and insurers. Your lawyer will also carry out the bulk of the legal tasks related to your claim.
You, on the other hand, can take it easy and focus on your healing and recovery.
What if you got injured in a car accident involving Uber or Lyft?
There are over 300,000 Lyft drivers and more than 200,000 Uber drivers in the State of California alone. 16% of all Lyft rides occurred in the state in 2019, while it was 9% for Uber. That translates to millions of Lyft and Uber trips to and from the state each year.
So, it's no wonder that studies link ridesharing services, such as Uber and Lyft, to an increase in car crashes. Indeed, since their inception, they seem to have contributed to a 2% to 3% rise in fatal road accidents. Even in non-fatal incidents, these crashes still likely caused passenger injuries.
First steps
If you get involved and injured in a ridesharing accident, get medical help right away. You should also contact the police to file a report. This comprehensive checklist of what to do right after a crash applies to passengers, too.
Contact a car accident injury lawyer
It's also vital to get in touch with a car accident lawyer as soon as possible. This is paramount as most ridesharing companies only have "secondary" liability insurance. This means you have to deal with a driver's insurer first before Lyft's or Uber's.
Unfortunately, ridesharing drivers may only have personal insurance and not commercial coverage. In this case, it's likely that their insurer won't pay, as ridesharing is a commercial activity.
An Oakland car accident attorney can help you recover damages from such incidents. They'll pursue all involved parties for compensation on your behalf. These include your driver’s, the other driver’s, and the ridesharing company’s insurers.
If you represent yourself in court, the other parties' insurers may make your life even harder. They can do so by countering or rejecting your insurance claim.
A car accident injury lawyer can protect you from such rejections. They can even pursue the other party for a higher settlement amount after an initial denial.
Retain a car accident lawyer now so you can focus on healing
As you can see, getting injured in a car accident as a passenger can be more complicated than if you were a driver. You'd have to deal with more insurance companies and potential claim denials. That's why it's best to retain a car accident injury lawyer as soon as you can.
If you've been in a car crash in Oakland, CA, our legal team here at Kerley Schaffer LLP can help. Please get in touch with us now so you can get the legal help you need following the accident.