San Jose Passenger Accident Lawyer
Hurt as a Passenger? Your Claim Starts Stronger Than You Think.
Passengers rarely share the blame for a crash. They often do face more than one insurer, and sometimes a claim involving a friend or family member. Our San Jose attorneys handle all of it, with care for the people involved.
$75+ million
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A Claim Against Your Driver Is a Claim Against Their Insurer
When people talk about car accidents, they usually talk about the drivers. But passengers suffer the same injuries, the same medical bills, and the same weeks away from work, and they have the same right to be compensated.
As a passenger, you didn’t cause the crash; you weren’t behind the wheel. The harder question is often who did, and sometimes the answer is the person you were riding with: a friend, a co-worker, a spouse. That can feel awkward. It shouldn’t stop you. If you settle, it’s the insurance company that pays, not your friend.
As a passenger, you may have a claim against:
The driver of the other vehicle
The driver of the car you were riding in
Both drivers, if both share the blame
Your own policy, or a household member's, when the at-fault drivers are uninsured or underinsured
We sort out which policies apply and pursue each one, so you can stay out of the middle.
What to Do After You're Hurt as a Passenger in San Jose
Get medical care first.
Passengers often brace less than drivers and can be thrown harder. See a doctor the same day, even if you feel fine.
Get insurance information from every driver involved.
Not just the other car: the driver you were riding with too. Each policy may be part of your recovery.
Write down what you saw.
Passengers often notice what drivers miss: speed, a phone in someone’s hand, a light that had already changed. Note it while it’s fresh.
Collect witness names and the police report number.
An independent account helps settle any argument between the drivers.
Don't give a recorded statement to any insurer.
That includes the insurer for the car you were in. Adjusters on both sides may try to limit what you’re paid.
Let us talk to the insurers, so you don't have to confront your driver.
We keep the claim professional, and the relationship intact.
Where a Passenger's Compensation Comes From
The driver you were riding with
If your driver caused or contributed to the crash, their liability insurance can pay your claim. Filing it isn’t a personal attack; it’s what that coverage is for.
The other driver
If the driver of the other vehicle was at fault, their liability insurer is responsible for your losses.
Your own household's coverage
When the at-fault drivers carry too little insurance or none, your own or a resident relative’s uninsured/underinsured motorist coverage may fill the gap, and Med Pay can cover medical bills regardless of fault.
The losses a passenger can claim
Everything a driver could, including:
- Medical bills, now and in the future
- Lost wages while you recover
- Pain and suffering and emotional distress
- The impact your injuries have on your personal relationships
How We Handle Passenger Claims
Passenger cases are usually strong on fault and complicated on coverage. When two drivers each blame the other, the passenger is caught in the middle, and each insurer hopes the other one will pay. We don’t let that stall your claim.
- We gather the police report, witness statements, photos, and camera footage to establish which driver, or both, was negligent
- We identify every policy that can pay: each driver’s liability coverage, and any uninsured or underinsured motorist coverage in your household
- We coordinate claims when several people in the same car were hurt and are drawing on the same policy
- We document your medical care, lost wages, and non-economic losses in full
If the insurers won’t pay a fair amount, we take your case to court.
California Law for Injured Passengers
You still have to prove negligence
Compensation depends on showing a driver’s careless conduct, such as speeding, impaired driving, failing to yield, or not paying attention, directly caused the crash.
Passengers rarely carry fault
California’s pure comparative negligence rule reduces an award only by the injured person’s own share of fault. As a passenger, yours is usually zero, so the fight is over which driver pays, not whether you’re paid.
Government vehicles have shorter deadlines
You generally have two years from the date of injury to file a lawsuit. If you were riding in, or hit by, a government-owned vehicle, a claim can be due within just six months.
Multiple injured passengers can share one policy
When several people in one car are hurt, they may all be claiming against the same limited coverage. Moving early helps protect your share.
What Our Clients Say
She helped our family through the most difficult times we had ever gone through. When I wanted to give up she pushed us and encouraged us to keep fighting. When…
Beth S.
I was introduced to Jimin through a friend after we had a bumper accident on a highway. Jimin came to us directly and very clearly explained the whole process, as…
Joshua Kim
Jimin Oh is not only an excellent and professional lawyer but she is also very kind, understanding and easy to talk to. Jimin was very helpful and patient in answering…
Katie J.
San Jose Passenger Accident FAQs
Can I make a claim if the driver was my friend or family member?
Yes. Your claim is made against their insurance policy, and it’s the insurer that pays any settlement. That’s the reason drivers carry liability coverage. We handle the claim so you don’t have to negotiate with someone you care about.
Who pays if both drivers were partly at fault?
Both drivers’ insurers can be responsible for their share. Because a passenger usually bears no fault, you can pursue the full value of your claim, and we make sure one insurer’s finger-pointing at the other doesn’t delay it.
What if the driver I rode with had no insurance?
You may still be covered. Your own uninsured motorist coverage, or a resident relative’s, may apply, and the other driver’s policy may pay if they share fault. We review every policy in your household.
Several of us in the car were hurt. How does that work?
Each injured passenger has their own claim, but you may all be drawing on the same policy, and its limits may not cover everyone in full. That’s one reason to act quickly and to have your own lawyer.
I wasn't wearing a seatbelt. Can I still recover?
Usually, yes. An insurer may argue that your injuries would have been less severe with a seatbelt and try to reduce your award. Under California’s comparative fault rules, that can reduce your compensation but doesn’t bar your claim.
How long do I have to file?
Generally two years from the injury; as little as six months if a government vehicle was involved. Call early, especially if several people were hurt.
What does hiring you cost?
Nothing upfront. We work on contingency; you pay a fee only if we recover for you.
Get Your Free, Confidential Case Review, 24/7
You didn’t choose how the car was driven, but you can choose who handles your claim. Call now or send the form; we respond fast, 24/7, in English, Spanish, or Korean. Your consultation is free and confidential. No fee unless we win.
Call (408) 256-2871Free Case Review
Solution Now Law Firm
1253 Park Ave
San Jose, CA 95126
Hablamos español · 한국어 상담 가능
