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I was a passenger in a car accident where the driver was at fault. I have suffered injuries, how do I get compensated?
I was a passenger in a car that was involved in a car accident in California, and the driver of the car was at fault. His insurance won’t pay for my injuries, so how can I recover?
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Answers (1)
Just like the other driver in the car accident who has likely incurred costs, you would need to bring action against the driver at fault for the injuries and damages you sustained. Typically, you would need to wait until it was determined who the driver at fault was, so you would know whom to recover from. Since that is already known, you would file suit against the driver at fault just as if you were the driver of the car. Compensation often covers your personal injuries, car damage and other expenses, such as lost wages or the cost of a nurse needed after the accident. You may also be able to receive pain and suffering damages in certain situations
California requires drivers to have either insurance or proof of financial responsibility for drivers of automobiles. Typically, the insurance coverage only covers up to the policy limit, and the driver is responsible for the remaining amount. You should immediately make a claim to the at fault driver’s insurance to determine if they will cover. If they do not cover, or offer an amount that does not satisfy your claim, it would be wise to initiate a suit against the driver. If the amount in question is below $7500, you could institute a small claims suit. However, if the amount is over that threshold, you would need to sue in Superior Court.
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Posted by Bert Gonzalez on 22 Jan 2010
1 person found this useful
(2 Votes)