If you were a passenger in a vehicle and got hurt in an accident, you may have more than one person to hold responsible. In California, the driver who caused the crash can be liable. So can the owner of the vehicle, even if that person was not behind the wheel be responsible? Whether those are two different people matters a lot when it comes to how much compensation you can actually recover.
Can a Passenger Sue the Driver Who Caused the Accident?
Yes. As a passenger, you bear no fault for what happened. California law allows you to bring a personal injury claim directly against any driver whose negligence caused the crash and your injuries. That includes the driver of the car you were riding in, the driver of another vehicle, or both if both contributed to the accident.
California follows a pure comparative fault rule. This means that even if multiple drivers share responsibility for the accident, each one can be held liable for their percentage of fault. As an injured passenger, you are entitled to pursue compensation from every party that contributed to your harm.
Can You Also Sue the Car Owner If They Were Not Driving?
Yes, under California Vehicle Code Section 17150. Under this statute, the registered owner of a vehicle is legally liable for injuries caused by anyone who drives that vehicle with the owner’s permission, express or implied. The owner does not need to be present. They do not need to have done anything wrong themselves. Simply permitting someone to use the vehicle is enough to create liability.
This matters in situations that come up more often than people realize: a parent whose adult child borrowed the family car, a friend who lent their vehicle for the evening, an employer whose employee was driving a company car. If that driver causes an accident and injures you, the vehicle owner can be held responsible alongside the driver.
What Is Permissive Use?
Permissive use means the driver had the owner’s consent to operate the vehicle at the time of the accident. That consent does not need to be explicit. If an owner routinely allows a family member to drive a vehicle without objection, courts can infer implied permission.
Where it gets complicated is when the owner disputes that permission existed. They may claim the driver took the car without consent, or that they had specifically restricted use to certain conditions. These disputes directly affect whether Vehicle Code 17150 applies and whether the owner shares in liability. An owner who can prove the vehicle was taken without permission may avoid liability under the statute, which is why building a clear factual record early in a case matters.
When Can a Passenger Sue Both the Driver and the Vehicle Owner?
This applies any time the driver and the registered owner are two different people and the owner gave permission for the vehicle to be used. These are the situations where that comes up in practice.
- A borrowed vehicle. Someone lends their car to a friend, neighbor, or acquaintance. The borrower causes an accident. The owner is liable under Vehicle Code 17150 because they gave permission, even if they had no idea an accident would happen.
- A parent’s car driven by their child. One of the most common scenarios. Whether the driver is a minor or an adult living at home, if the parent owns the vehicle and allowed the child to use it, the parent shares liability for any injuries caused.
- A company vehicle driven by an employee. When an employee causes an accident while driving a company-owned vehicle in the course of their job, both the employee and the employer can be held liable. If the company also permitted personal use of the vehicle, that liability can extend beyond working hours.
- A vehicle driven by a spouse or domestic partner. If one spouse owns the vehicle and the other was driving at the time of the accident, both can be named as defendants. Marital community property rules in California can complicate this further.
- A driver with a suspended or invalid license. If the vehicle owner knowingly handed keys to someone without a valid license, this goes beyond Vehicle Code 17150 into negligent entrustment territory. The owner is not just passively liable, they actively made a negligent decision, which strengthens the case against them significantly.
- An intoxicated driver given the keys. If the owner knew or had reason to know the driver was impaired and gave them the vehicle anyway, negligent entrustment applies. This opens the door to punitive damages against the owner, not just compensatory damages.
What If the Driver Had No Insurance or Not Enough Coverage?
This is where suing the vehicle owner becomes especially important from a practical standpoint. If the driver who caused the accident has minimal insurance or no insurance at all, the owner’s insurance policy may provide coverage that the driver’s policy cannot. California requires vehicle owners to carry liability insurance tied to the vehicle itself, so pursuing the owner opens a separate source of recovery.
In a serious injury case, the damages can far exceed what a single policy covers. Medical bills, lost income, ongoing treatment, and pain and suffering add up quickly. Having two defendants with two separate insurance policies gives your attorney more to work with when negotiating a settlement or presenting a case at trial.
Does It Matter If You Were in the At-Fault Driver’s Car?
No. The fact that you were a passenger in the vehicle driven by the at-fault driver does not bar you from bringing a claim against that driver. You did not contribute to the accident. You were not operating a vehicle. California law does not penalize you for being in the wrong car at the wrong time.
Some passengers hesitate to pursue a claim against a friend or family member who was driving. What they often do not realize is that the claim is effectively against the driver’s insurance company, not the individual personally, in most cases. The driver’s liability policy exists precisely to cover this kind of situation.
Talk to a California Car Accident Attorney About Your Case
At Bojat Law Group, we represent injured passengers throughout Ventura County and across California. If you were hurt in a car accident as a passenger, our car accident lawyers will identify every party that bears responsibility for your injuries, including the driver, the vehicle owner, and any other negligent party, and pursue maximum compensation on your behalf.
Call us at (818) 877-4878 or contact us online for a free consultation. There is no fee unless we recover for you.
Share:
Skip to content