Passengers Rights After a Car Crash: 3 Things You Need to Know

March 09, 2020

By Rudenberg & Glasser, P.A.

Oftentimes, we focus on drivers who may be injured in car accidents. However, many times it is passengers who are the ones in these situations. These individuals are entitled to complete compensation against the at-fault driver or drivers.

Since they were not the ones driving, passengers don’t have to worry about being found liable for an accident. However, they will need to determine whose insurance company pays for their damages. Below, we discuss three things that passengers should know in the event of a car accident.

Determining Whose Insurance Company Pays

Getting medical attention is the first priority when you’re injured as a passenger. If you end up having any type of injury, you may be left wondering, “Who is responsible for my medical bills?”

There are many different parties that could be held liable. Before this determination can be made, it’s important to understand how the insurance process works in Florida.

Florida Insurance Rules

Florida follows a no-fault insurance rule. Under a no-fault insurance system, when you’re injured in an auto accident, your own insurance provider automatically pays for certain damages. Florida law requires all vehicle owners to carry a minimum of $10,000 in personal injury protection (PIP) insurance coverage.

Seeking Compensation for Injuries

If you are injured while riding as a passenger with another driver, you may be compensated through damages through your own PIP coverage. If you do not own a vehicle or do not have any PIP coverage, you may still seek compensation through the PIP policy owned by:

The owner of the vehicle that you were a passenger in
A relative of your own household
The at-fault driver or drivers

Potential Problems in Passenger Injury Claims

When a passenger makes a claim against an at-fault driver’s insurance company, this is known as a third-party insurance claim. In some cases, a passenger injury claim can be settled quickly. Other times, however, neither side’s insurance company wants to settle and disputes can arise. This can lead to additional stress as you are waiting to get your medical bills and other damages paid for.

Some issues that can arise and delay a settlement include:

Disputes about negligence. The insurance companies for both drivers may argue that the other driver was the one who caused the accident. Neither side may want to or be willing to settle the passenger’s injury claim.
Multiple claims. The at-fault driver’s insurance company is only liable to pay up to the insurance policy limit. If an accident causes injuries to multiple passengers, they may be filing for claims from one pot of money. This can result in insufficient insurance coverage for full damages.

Remember, you are also an eye witness to what happened. You can help provide the insurance companies with the information they may need to determine fault in the accident.

Maximizing Your Chances at Full Compensation

If it a case where multiple drivers were at fault, your personal injury attorney can help you negotiate with both drivers’ insurance companies so you obtain the full compensation you need to heal. If your total damages exceed the at-fault driver’s liability policy, Florida law allows you to file a personal injury lawsuit if you suffered:

Permanent bodily injuries
Physical scarring or disfigurement
The loss of a loved one who died in the accident

As a passenger, you should not have to pay a penny for medical bills, lost wages, and other damages you sustained in a car accident. You may be entitled to compensation for:

Medical expenses
Lost wages and lost earning capacity
Emotional damages
Punitive damages

Our Fort Lauderdale car accident attorneys are passionate about helping injury victims recover from accidents that were caused by others’ negligence. We treat our clients like our own family members because they deserve nothing less. At Rudenberg & Glasser, you can rest easy knowing your case is in the hands of skilled and relentless legal advocates fighting on your behalf.

Contact Rudenberg & Glasser at (954) 543-1788 to schedule your free and confidential case review.

Categories:

Our Victories

Not Guilty, Acquitted at Trial Aggravated Battery with a Deadly Weapon

Outcome: Client was alleged to have used his vehicle to strike victim, and there was video of the incident which could have been interpreted to actually show the crime. The state was offering significant prison time before trial. By meticulous planning and strategic cross-examination to expose the motives and fabrications by the alleged victim, and an eyewitness in support of the alleged victim, Rudenberg & Glasser convinced a jury to acquit the client and avoid a mandatory long prison sentence.
Domestic Violence
Outcome: Rudenberg & Glasser went to trial and were able to show during cross-examination that the alleged victim was the aggressor and that the client acted in self-defense. The jury returned a not guilty verdict almost immediately following trial.
Domestic Violence With 911 Call and Pictures
Outcome: Rudenberg & Glasser took the case to trial after fleshing out inconsistencies in the alleged victim's account. The jury returned a verdict of not guilty and the client's unblemished record was preserved.
False Arrest

Outcome: Attorney Glasser was able to show with video footage that his client did not commit the alleged offense and furthermore, the police officer who ordered his arrest was negligent in his investigation and improperly supervised.

Read more about this story on the Sun Sentinel.
Probation Only Federal Conspiracy to Commit Mail & Wire Fraud

Outcome: Through compelling sentencing memorandum and passionate oral argument, Rudenberg & Glasser were able to convince the federal court judge to sentence their client to treatment for substance abuse, and no incarceration, even though the client had a lengthy criminal history and the Government was seeking prison time.
Felony DUI: Client was in an Accident and Left the Scene
Outcome: Rudenberg & Glasser filed a compelling motion to suppress evidence based on law enforcement's actions during the investigation. Rudenberg & Glasser were able to persuade the prosecutor prior to the motion to suppress hearing that the charge should be broken down from a felony to a misdemeanor and the client was offered probation instead of the previously sought prison sentence.
Final Injunction Hearing
Outcome: Client desperately needed to avoid a final injunction on his record. Rudenberg & Glasser defended him at the hearing and proved that the Petitioner was not in fear for her safety. The judge dismissed the injunction.
First-Degree Misdemeanor: Resisting Police Officer Without Violence
Outcome: Mr. Rudenberg presented evidence that the police officer’s version of events was not credible, and that accusations were made to justify excessive use of force by police officer. Jury returned a verdict of not guilty in less than five minutes.
First-Degree Misdemeanors: DUI & Possession of Cannabis
Outcome: Mr. Rudenberg won a motion arguing the DUI checkpoint was conducted in violation of the Fourth Amendment, and the Judge entered an order suppressing all evidence. Case was dropped by the State, and client avoided a mandatory conviction for DUI, as well as mandatory fines and license suspensions.
$250,000 Pre-Trial Personal Injury

Outcome: Client was injured by a malfunctioning door, requiring stitches and leaving a scar on client's knee. There were limited medical bills and no surgeries, but through extremely challenging and successful negotiations, Rudenberg & Glasser were able to secure a settlement of $250,000.

What Our Clients Are Saying

We go above and beyond to be there for clients to provide them with the best outcome possible.

“In My Eyes, He's the Best”
Greg
“I don’t usually post reviews but I had to make an exception in this case. Mike and everyone at the office were beyond helpful. Went to court twice once to find out my charges the last to find out everything was dropped. I couldn’t have asked for a more pro”
G.P.
“I Was Able to Have My Name Cleared”
Domestic Violence Client
“It's nice to know that you actually cared and it didn't seem like this case was just another folder.”
John J.
“A great legal team”
A. T.
“The amount of respect and empathy Attorney Rudenberg has for his clients can not be described in words.”
C J
“Proved to be the best legal team there is! They not only helped me avoid jail time, but got my probation terminated the same day!”
Dallas B.
“They Were There with Me Every Step of the Way”
Dan
“THE BEST ATTORNEY”
A. Ariel
“If I would need your service in the future I will definitely reach out to you again no matter the distance.”
A.M.
“They will give you honest, truthful, realistic counsel and they will fight hard for you; as they did for me.”
Donovan
“There are no words for the love and respect I have for Mike and I wouldn't even think of using anyone else as my attorney.”
JW
“You were so very wonderful in court.”
P.M.
“Great results, compassionate service, and extremely professional.”
C.C.
“I don’t usually post reviews but I had to make an exception in this case. Mike and everyone at the office were beyond helpful. Went to court twice once to find out my charges the last to find out everything was dropped. I couldn’t have asked for a more pro”
G.P.

Read Client Reviews