When you’ve been injured by another person in California, you have a right to file an injury claim against them. You must prove that the person’s negligent actions—not some other factor—caused your injuries. This is true of vehicle wrecks because California utilizes a fault system for handling auto injury claims.
If you were a passenger in the at-fault driver’s vehicle or a passenger in another vehicle involved in the accident, you can file a claim against the person who was to blame. If you are considering filing an injury claim, you may need to know a little more about the process of filing an auto injury claim in California.
Filing a Claim or Lawsuit for a Vehicle Accident in California
Passengers can sustain serious injuries just like drivers can. You obviously weren’t the person who caused the crash, so you can file a claim or lawsuit against the at-fault party. First, you’ll need to prove that the negligent party caused your crash. You will need to collect evidence of fault and gather proof of your injuries and losses.
Once you have enough evidence to prove your claim, you should file your case as soon as possible. In California, you only have two years to file a claim for personal injury against an at-fault driver.
After you’ve submitted your claim with the at-fault party’s insurer, the negotiation process begins. Insurers can be tricky to deal with, as they often try to get out of paying on vehicle crash cases. They will attempt to minimize your injuries and losses so they can lower your claim’s value.
It’s a good idea to have a lawyer to deal with the insurance company. That way, you can have a better chance of receiving maximum compensation for your damages and possibly avoid going to court.
The Car Crash Compensation You Deserve
Another important step in the personal injury claim process is calculating your total losses. You need to be paid for every loss you’ve suffered because you shouldn’t have to pay for an accident you didn’t cause. You can be paid for future losses, as well, so keep that in mind when you’re adding up your losses.
A few damages auto injury victims often suffer and receive compensation for are listed below:
- Pain and suffering
- Lost wages and lost earning capacity
- Lost enjoyment of life
- Permanent injury
- Mental trauma
- Mental health treatment
- Physical therapy expenses
- Medical treatment
Call a San Diego Auto Accident Lawyer
As you can see, passengers are owed compensation for their losses—just like anyone else. You didn’t cause the accident, and you can hold the negligent party responsible for your suffering. But filing a claim may be a little overwhelming for you while you’re dealing with injuries, trauma, pain, and stress.
Good thing you’re not on your own when it comes to filing a personal injury claim for a car accident.
Get in touch with a vehicle crash lawyer at The Kindley Firm, APC. Call 619-550-1313 or fill out the form below to schedule a free consultation.
