Can a Passenger in a Car Accident File a Lawsuit in Florida?

January 21, 2022 | Firm News

When you climb into another person’s car for a ride, you do not anticipate being in an accident. However, many automotive vehicle accidents that occur in Florida involve more than just drivers. You have rights as a passenger and are entitled to file a personal injury lawsuit. However, as our Hollywood, FL car accident attorney from Newman Injury Law will describe below, there are limitations and restrictions.

Who is Liable if You Are a Passenger Injured in a Florida Car Accident?

When you get into another person’s car, the driver will legally assume responsibility for your safety. Therefore, in many cases, you can seek compensation from the driver’s insurance company if you are hurt in an accident. Under Florida’s insurance laws, drivers are required to carry Personal Injury Protect (PIP) insurance that covers anyone who is harmed in a crash, including their passengers.

However, some car accidents involve multiple vehicles and contributing circumstances. When you file a personal injury claim in Florida is essential to include all potentially liable parties.

In most cases, a passenger does not have to worry about being blamed for an accident. Our office will focus on what occurred and who is at fault. For instance, a truck could have cut off a vehicle that collides with your car. Under these circumstances, the other drivers could be held liable. It is also possible that the trucking company could bear some of the responsibility.

Fault in a personal injury claim is apportioned between all contributing parties and any compensation awarded is divided by the percentage of the blame. If you fail to include a liable party in your lawsuit, you might not receive the full compensation you deserve. Our Fort Lauderdale personal injury lawyers will thoroughly evaluate the evidence in your case to determine what parties could be held accountable.

Florida No-Fault Insurance and Passenger Injury Claims

As stated above, Florida requires drivers to carry PIP insurance. Drivers will also have liability insurance that could cover passengers in other cars injured in an accident. You might also have your health insurance that provides coverage for your injuries. Depending on the facts of your case, all of these various insurance providers could come into play in a settlement negotiation or personal injury lawsuit.

Florida is a no-fault insurance state. This means that your injuries’ severity limits your ability to file a lawsuit after a car accident. If you want to pursue a personal injury claim, the damages you incurred much reach a statutory threshold.

To file a third-party claim against another driver or their insurance company, you must have experienced a bone fracture, significant disfigurement, permanent limitation in the use of a limb or organ, or by substantially fully disabled for a minimum of 90 days.

An accident victim whose injuries fall under one of the above categories is permitted to file a personal injury claim against an at-fault driver or other third-party that contributed to the accident. This also includes the possibility of pursuing compensation for intangible damages, such as pain and suffering.

Third-Party Personal Injury Claims by Passengers Hurt in Florida Car Accidents

A third-party claim is a claim that is made against another party’s insurance company. If you are in a car accident and both drivers are equally to blame, you could file a third-party claim against each of their respective insurance policies. Under some circumstances, an injured passenger could have a valid claim against a party that was not directly involved in the accident, such as a trucking company, a car manufacturer, or a municipality. Our Florida car accident attorney will investigate your crash to determine if other parties contributed to your injuries, such as a defective airbag or a trucking company that allowed an unreasonably unsafe rig on the road.

People who are passengers in car accidents are not always in a friend or family members’ vehicle. With the popularity of rideshare services, many people in Florida are hurt in crashes involving Uber and Lyft vehicles. Typically, a passenger who suffers a significant injury in a rideshare is required to file a car accident lawsuit against the driver’s insurance provider. The relationship between the drivers and the parent companies makes it difficult to file a claim against either Uber or Lyft. However, both companies carry liability insurance that will go into effect if the driver’s insurance is insufficient. Claims and compensations involving rideshares are complicated, so it is essential to have an experienced Miami Lyft accident lawyer working on your behalf.

Proving Negligence in Florida Car Accident if You Were a Passenger

if you are permitted to file a third-party claim after a car accident, you are still bound by the requirements of any personal injury lawsuit. Our Hallandale Beach car crash lawyer will have to establish that the at-fault party, whether it was the person driving the car you were in, another driver, or another party, was negligent. To prove negligence, an injured passenger must show that the at-fault party owed them a duty of care, they breached that duty, the breach caused the injury, and the passenger suffered actual damages. What is required to establish the four elements of negligence will depend on how the accident occurred.

Call Our Florida Car Accident Attorney if You Were a Passenger Injured in a Car Crash

Injuries sustained in a car accident are not limited to the drivers involved. Often, an unsuspecting passenger is also hurt. If you were a passenger involved in a car accident, you have legal rights. Lawsuits arising from passenger injury claims can be complicated, so it is crucial to have our experienced Florida car accident attorney representing your interests. At Newman Injury Law, our staff and car accident and Lyft accident lawyers in Florida are committed to fighting for injured passengers’ rights. Call 954-495-8500 to schedule a free appointment.

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