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.

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