This form is a sample personal injury complaint filed by the guest passenger in a vehicle involved in accident.
San Diego California Complaint regarding Auto Accident (Guest Passenger vs Defendant Driver)
State:
Multi-State
County:
San Diego
Control #:
US-PI-0290
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Complaint Regarding Auto Accident (Guest Passenger Vs Defendant Driver)?
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FAQ
Generally, a driver is not held liable for a passenger’s actions in the vehicle. However, if a passenger engages in reckless behavior that contributes to the accident, liability could be shared. Each situation is unique, and the driver must prove the actions of the passenger contributed to the incident.
An injured passenger may be paid for the following by the responsible driver's insurance company: Medical bills (medical care includes surgery, hospitalization and physical therapy) Lost wages (for time missed from work or a reduction in earnings capacity) Pain and suffering.
Thus, the law holds the person whose name appears in the registration of the vehicle as primarily and directly responsible for any accident, injury or death caused by the operation of the vehicle in the streets and highways.
If someone else is driving your car and another person causes the accident, the at-fault driver's insurance is usually responsible for covering costs. On the other hand, if the driver of your car is at fault, your car insurance will usually cover damages.
The general rule is this: if the at-fault driver was operating the vehicle with permission from the owner, the owner is liable for the accident. This is the permissive use principle, stated in California Vehicle Code section 17150. This principle also makes sense in terms of insurance.
If you allow somebody else to take your car and they get into an accident, your insurance provider is liable to pay the claim, based on your policy's coverage. The claim would be marked on your insurance record, which might have an impact on your future insurance costs.
The owner is not in the car at the time of the accident: Whether it's a case of negligent driving or a case of drunken driving, the onus is on the person driving. The car owner can be liable if the car was not in roadworthy condition.
Who Is Responsible For The Accident? California Vehicle Code Section 17150 states the civil liability for the accident lies with the other owner. The owner pays for the insurance. Therefore, the coverage also follows the vehicle and not the person.
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.
In California, passengers have the right to be compensated for their medical bills, lost wages, and pain and suffering. However, it can be complicated to determine who caused the crash and how to file a claim with the proper insurance company unless you have the assistance of an experienced car accident attorney.