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  • Writer's pictureAcclaim Law Group

A San Marcos Personal Injury Attorney Speaks About Riding as A Passenger

Riding in the passenger seat can hold its delights. Some people prefer backseat driving to the role of pilot. Some may not have had the opportunity to learn how to drive a vehicle. While others may not enjoy, or may not have mastered, the art of driving. Whatever your poison, there is one universal truth: riding as a passenger places you at the mercy of the driver. Passengers must have the utmost confidence in their drivers to ride as a passenger. So, what happens when you’re riding as a passenger and, along the way to your destination, you get into a collision?

Collisions are a known risk when you get behind the wheel of a car. If you are riding as a passenger and you, and your driver, were hit by another vehicle, the process of filing a claim for injuries sustained in that vehicle collision can be done with ease, as long as it is established that the collision was the fault of the third-party. However, if the collision was caused by your driver, filing a claim can become more complicated.

When you are in a collision that is caused by your driver, filing a claim for injuries would have to be done under your driver’s insurance policy.  The foreseeable complications can be dependent on your relationship with the driver, as pursuing a claim may cause negative feelings between you and your driver, which is why it is important to have someone advocating for you while you are healing. If the driver of the vehicle you are riding as a passenger in does not have insurance, you may file a claim for injuries under your own insurance if you have uninsured motorists’ coverage.

In contrast, if you were in a collision where both parties were at fault you may file a claim under both policies. California is a comparative fault state, which means that every party in a collision has a percentage of fault attributed to them. For example, if the fault is deemed 100%, then you may only pursue a claim under the at-fault party’s insurance, but if it is 45%, you may pursue a claim under both policies.

If the collision was caused by an uninsured driver, then the ability to file a claim for injuries caused by the collision can prove challenging. Although the law requires every driver to hold auto insurance, not all drivers do either out of carelessness or the inability to afford coverage. However, insurance companies had the foresight to offer their customers uninsured motorist coverage, which allows drivers, and their passengers, to make claims for injuries if the at-fault party was uninsured. Not all drivers opt into uninsured motorists’ coverage, but if you, as a passenger, have uninsured motorist coverage on your policy, you can file a claim under your insurance.

When you ride as a passenger you assume the risk of being in a collision, however, that assumption does not give your driver the privilege of driving carelessly. If you were involved in a collision and were riding as a passenger contact a San Diego Personal Injury attorney. The attorneys at Acclaim Law Group will help address any questions you may have and guide you down the right path. Please call (858) 252-0781 to set up a free consultation.

Disclaimer: While we always seek to establish accuracy when publishing articles, this piece is not intended to provide legal advice and should not be used as such. Each individual case will differ and should be discussed with an attorney or legal expert. If you would like to inquire about pursuing a claim, please contact a personal injury lawyer San Diego at (858) 252-0781 or email

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