Accident Recovery for Florida Passengers

Drivers are not the only ones who end up injured in car accidents. Passengers, for instance, are just as likely to be injured in a collision, which leaves many people wondering what kinds of recovery options they have if they find themselves in this situation. Fortunately, passengers do have rights when it comes to financial recovery following a Florida car accident.

Injured Passengers Can Use Their Own Insurance 

Passengers who are injured in car accidents while driving in someone else’s vehicle still have the option of filing a claim with their own auto insurance provider for coverage of accident-related losses. For instance, injured passengers who have Personal Injury Protection (PIP) insurance can file a claim with their own provider even if they weren’t driving. This is a no-fault form of auto insurance that applies whenever a policyholder is involved in a crash, regardless of who caused the accident. It’s important to note that PIP insurance only covers 80 percent of a policyholder’s medical bills and 60 percent of his or her lost wages up to $10,000. For those passengers whose injuries are particularly severe, this means that they may need to file a claim directly against the at-fault party to recoup the rest of their losses.

Injured Passengers Can File Claims With Other Insurers

If a passenger’s injuries are so severe that they exceed PIP coverage, then the accident victim can attempt to recover the remaining losses from the at-fault party who caused the crash. This could be another driver, or even the driver of the vehicle in which the passenger was actually traveling. In most cases, this involves filing a claim with the other party’s insurer, who will then evaluate and either deny or approve the claim. In the event that the insurer denies responsibility, then the injured passenger may have the option of taking the case to court.

Injured Passengers Can Take Their Cases to Court 

Florida is technically a no-fault auto insurance state, which means that generally speaking, accident victims must first file insurance claims with their own providers before attempting to recover reimbursement from other sources. There is an exception, however, in cases where a victim’s injuries qualify as serious. To qualify as serious, an injury must result in:

• The significant and permanent loss of a bodily function;
• Permanent injury
• Significant and permanent scarring or disfigurement;

When a passenger’s injury satisfies this definition, then he or she can step outside of the no-fault system and file a lawsuit against the person responsible for the crash, seeking compensation for medical bills, lost wages, and pain and suffering.

Discuss Your Case With a Florida Car Accident Lawyer 

Drivers aren’t the only ones who could be eligible for financial reimbursement after being injured in a crash. If you were a passenger in someone else’s car and were injured in an accident, our experienced Tampa car accident lawyers can help you seek compensation for your losses. To learn more, call Anderson & Anderson at 813-251-0072 and set up a meeting with a member of our dedicated support staff today.

Sources: 

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0627/Sections/0627.737.html

forbes.com/advisor/legal/personal-injury/personal-injury-settlement-amounts/