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Can I claim compensation for whiplash if I was a passenger in a car accident? If you've suffered a whiplash injury in a car accident, whether you were a passenger or a driver, and someone else was at fault, you could be entitled to claim compensation.
In most cases where a passenger has been injured, they could claim against the driver, as the driver is the one responsible for their passenger's safety. The driver could be made to pay compensation out of their driver's insurance. Otherwise, you could claim against someone else if someone else was clearly responsible.
Seek medical care. If you suffered any obvious injuries, you need to obtain immediate medical care. Take pictures. Obtain contact information. Get the police report. Don't talk to the drivers or other passengers.
A passenger in a car accident is usually covered by the at-fault driver's bodily injury liability insurance and PIP. Depending on the circumstances, passengers in a car accident can file a claim with their driver's insurance company, the other driver's insurance provider, or their own personal insurer.
Under the theory of comparative negligence, if a driver is at fault for an accident, his or her settlement should be reduced by the percentage of fault assigned to that driver.In California, you can be 90% liable for the accident and still be eligible to receive 10% of your damages as compensation for your injuries.
Drivers are Responsible for Their Passengers.The driver of a vehicle, as well as the vehicle's owner, is deemed responsible for any passengers.Passengers can also make a claim against the vehicle's owner for allowing the negligent driver to operate his/her vehicle.
When you've been injured by another person in California, you have a right to file an injury claim against them.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.