Passengers injured in auto accidents in California have several legal pathways to seek compensation for injuries and related losses. The route you may take in your case will depend on key factors like who was behind the wheel — whether it was a friend, relative or a professional driver for a company like Uber or Lyft — and the severity of your injuries.

California operates under a fault-based auto insurance system. The drivers found responsible for the accident are expected to pay for damages through their insurance policies. You might have grounds to make a claim not just against the driver of the car you were in, but also against any other driver involved who contributed to the crash. Under California’s pure comparative negligence rule, liability for damages is apportioned based on the share of fault assigned to each driver.

One of the resources you can turn to is “MedPay,” or Medical Payments coverage. If your driver has this type of insurance, it applies to you as a passenger. It can quickly handle your medical expenses and other accident-related expenses up to policy limits without your having to establish fault. It might also help you pay deductibles or copayments that your health insurance does not cover. Should your driver not have this coverage, you might be able to access these benefits under your own car insurance. However, MedPay does not cover non-medical damages. 

If you sustain significant injuries and face losses beyond medical bills — such as lost wages, pain, emotional distress and loss of quality of life — you can file claims against your driver and any other driver involved. This would implicate their liability insurance, which every California driver is required to carry. For personal vehicles, the minimum bodily injury coverage is $30,000 per person and $60,000 per accident as of 2025. California mandates that rideshare companies like Uber and Lyft have up to $1 million in liability coverage when they are transporting passengers.

If the responsible driver’s insurance policy isn’t enough to cover all your damages, you can look to your own uninsured/underinsured motorist (UM/UIM) coverage. California requires insurance companies to offer this coverage. If you’ve opted in, it can pay for your medical costs, lost income, and pain and suffering up to the policy’s limits, which are typically the same as the bodily injury liability limits.

Be mindful: you generally have two years from the date of the accident to file a personal injury lawsuit in California. Missing this deadline could mean you lose your opportunity to recover anything at all. To ensure you explore all your options, consider speaking with a California auto accident attorney, who can identify all possible sources of compensation and handle the steps needed to recover what you are due.

When you’re injured in a California automobile accident, the attorneys of Favaro, Lavezzo, Gill, Caretti & Heppell, PC in Vallejo can provide the legal representation you need. We serve clients throughout Contra Costa, Napa and Solano Counties. Call us at 707-674-6057 or contact us online to learn more.