After an automobile accident, you could be left with a wide range of injuries, physical and/or mental, from mild to severe. You could also be facing a wide range of medical bills that can also be mild to severe.
If you were a passenger in an automobile accident, you have the legal right to financial compensation for any expenses related to the accident. If you meet Florida’s legal requirements, you should be entitled to file an injury claim.
When filing an automobile accident claim in Florida, you must prove two things. One, that someone else was responsible for causing your injuries, and two, that you suffered personal injuries and/or property damage.
You can prove your injured passenger damages by presenting:
- Medical bills
- Lost wages/earnings statements
- Documents of evidence with your pain and suffering
How Do Injured Passengers File an Injury Claim?
As an injured passenger, you have rights in an automobile accident claim in Florida. However, the process for receiving compensation is somewhat different than if you had been the driver.
If two or more cars collided in the accident, at least one driver will be found liable. In a one-car automobile accident, the driver is almost always at fault. Generally, if a driver hits a stationary object, they did something negligent to cause the accident.
Sometimes insurance claims are decided with what is called “comparative negligence”. This allows the injured party to collect damages that are proportional to their percentage of fault. That means the total cost of all damages is divided between the liable drivers, for example, 50-50 or 80-20.
Since a passenger is rarely at fault in an automobile accident, it is possible for them to receive compensation from more than one insurance company, including their own.
In most automobile accidents, the injured driver has to prove that the defendant (the alleged negligent driver) was responsible for the accident and thereby responsible for all damages and injuries. However, when a passenger is injured in an accident, liability is less of an issue.
Since passengers are not physically driving the vehicle at the time of the accident, usually they cannot be found to be at fault for the accident. Liability will lie with one or both of the drivers. This means that one or both of the drivers will have to pay for the passenger’s injuries.
Because an injured passenger may be eligible to file a claim with more than one insurance policy, a passenger has a greater likelihood of recovering the entire amount of their damages.
Can An Injured Passenger File Multiple Claims?
Let us hypothesize that you are a passenger in a car accident. After getting treatment for any possible emergency injuries, you could file a claim under the liable driver’s auto insurance policy. This makes your claim a third-party auto insurance claim and it will proceed just like a regular automobile accident claim. You may file a passenger injury claim against both drivers' insurance policies if more than one car was involved and both drivers are liable.
If the automobile accident occurs in a no-fault state like Florida, passengers will likely be covered under the Personal Injury Protection (PIP) policy of the driver of the vehicle in which they were riding.
What Is Personal Injury Protection (PIP)?
Essentially, PIP is the automobile insurance coverage that Floridians must purchase if they own a motor vehicle. It is referred to as “no-fault” insurance because it means no matter who is at fault for an accident, all parties can have access to resources to cover their expenses.
Typically, PIP covers 80% of medical costs of up to $10,000 and 60% of lost wages. PIP policies are intended to ensure that anyone injured in a car accident has resources available to pay for medical attention immediately. The idea is that injured parties don't have to wait for a court or insurance company to determine who was at fault.
Various Scenarios Which Involve PIP and Injured Passengers
Note: The driver of the vehicle in which the passenger is injured is ordinarily accountable for medical costs if the injured person is a member of the driver’s household.
If you sustained an injury as a passenger in another person's vehicle (one who is not a member of your household) and have your own no-fault auto insurance policy, the driver’s PIP coverage is usually the primary source of compensation. Fortunately, your own PIP policy may cover any expenses that exceed the driver’s PIP limits.
If you were riding in another person's vehicle (not a member of your household) and sustained serious injuries in a two-vehicle collision, you can first claim PIP compensation from the driver of the car you were riding in. If this compensation is not sufficient to cover all of your medical expenses and lost wages, you can pursue further compensation from the other driver’s PIP coverage.
If you sustained an injury as a passenger in another person's vehicle and you do not own a vehicle but someone else in your household has PIP coverage, this family member’s PIP insurance policy may cover the cost of your injuries.
If you sustained injuries as a passenger in another person's vehicle but you have auto insurance coverage for your own vehicle, your own PIP insurance will cover the cost of your injuries even though you were not driving your own vehicle at the time of your injury.
If you do not own a car or you do not have insurance for your car and no one else in your household has PIP coverage, you can seek compensation from the insurance policy of the driver of the vehicle you were riding in.
Passengers Have the Right to Compensation
If you were injured as a passenger in a car accident, you have a legal right to compensation for your injuries. Whether you choose to file a lawsuit against the liable driver or seek compensation from whomever you were riding with, there are many ways to get a settlement if you have been injured as a passenger, regardless of where the fault lies.
It is important to stress that all insurance companies will likely conduct a detailed investigation before extending PIP coverage to any passengers. In these situations, the PIP claims process may be more extensive and time-consuming, which is why it is important to have legal representation on your side.
Schedule a Consultation
If you or a loved one were injured in a collision as a passenger, you’re entitled to financial compensation for your injuries. You may be considering an insurance claim but don’t know whose insurance company to file with. You have a few options to choose from. Contact us for a FREE consultation and we can walk you through the various scenarios that will help you get fully compensated for your injuries.
