Summary
Yes. If you were injured as a passenger in a Florida car accident, you may be able to pursue compensation even though you were not driving. Depending on the facts, your claim may involve Personal Injury Protection, a liability claim against one or more negligent drivers, uninsured or underinsured motorist coverage, or more than one source of insurance.
Passengers often start from a different position than drivers because they usually did not control either vehicle. Serrano Law can review who may be legally responsible, which insurance policies may apply, and what evidence can support your claim. The available options depend on how the crash happened, your insurance status, the vehicle involved, the medical evidence, and the language of the applicable policies.
Key Point: An injured passenger may have access to more than one source of insurance coverage. The correct order and availability of coverage depend on the facts and policy terms.
Can a Passenger File a Claim Against the Driver Who Caused the Crash?
Yes. If another driver caused the collision through negligence, you may have a claim against that driver. The responsible driver could be the driver of another vehicle, the driver of the vehicle in which you were riding, or more than one driver.
For example, suppose you are riding with a friend in Hillsborough County, Florida, when another driver runs a red light and causes a crash. A liability claim may be available against that driver. If your friend was also speeding or made an unsafe maneuver that contributed to the collision, the evidence may support allocating responsibility between both drivers.
Being related to, living with, or knowing the driver does not automatically prevent you from pursuing a claim. The main questions are whether the driver was negligent and whether an applicable insurance policy provides coverage.
For more information about fault issues, see:
https://mikeserranolaw.com/liability-in-a-car-accident-case/
Michael Serrano
Founding Attorney
Molli Gard, ESQ.
Attorney
How Florida PIP May Apply to a Passenger
Florida Personal Injury Protection, commonly called PIP, can be an early source of benefits after a motor vehicle crash. Florida law requires qualifying motor vehicle policies to provide PIP benefits to certain insured people, resident relatives, vehicle occupants, passengers, and other covered persons, subject to statutory exclusions, priority rules, and policy terms.
Under Florida Statutes section 627.736, an injured person generally must receive qualifying initial medical services and care within 14 days after the motor vehicle accident to receive PIP medical benefits.
Qualifying PIP coverage generally provides up to $10,000 in combined medical and disability benefits. Medical benefits can pay 80 percent of reasonable expenses for medically necessary covered treatment. Medical reimbursement can reach up to $10,000 when an authorized provider determines that the injured person had an emergency medical condition. If a qualifying provider determines that the injured person did not have an emergency medical condition, medical reimbursement is generally limited to $2,500. Disability benefits can pay 60 percent of qualifying lost gross income and loss of earning capacity, subject to the statute and policy limits.
You should not assume that the insurance on the vehicle will always be the first or only source of PIP benefits. Coverage priority can depend on whether you own a vehicle, whether you are covered by an applicable household policy, and whether you qualify under the policy covering the vehicle involved. The policy language and the facts should be reviewed before conclusions are reached.
For practical information about what to do after a collision, visit:
https://mikeserranolaw.com/after-a-car-accident-injury/
What Damages Can an Injured Passenger Seek?
The damages available depend on your injuries, financial losses, available insurance, and whether Florida requirements for certain noneconomic damages are met. A passenger injury claim may involve compensation for losses such as:
- Medical bills and rehabilitation expenses
- Lost wages
- Reduced future earning ability when supported by evidence
- Future medical care
- Other accident-related out-of-pocket expenses
- Pain, suffering, mental anguish, and inconvenience when Florida law permits recovery
Florida law limits recovery for pain, suffering, mental anguish, and inconvenience in many motor vehicle cases unless the injury meets a statutory threshold. Under Florida Statutes section 627.737, qualifying circumstances include:
- Significant and permanent loss of an important bodily function
- Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement
- Significant and permanent scarring or disfigurement
- Death
For more detail about common categories of compensation, see:
https://mikeserranolaw.com/2021/02/01/car-accident-case-damages/
Mike Serrano’s law office was everything I needed after a very traumatic accident. He was always super up front and honest with me. I never got the feeling he was trying to sell me on something or to do something that I wasn’t comfortable with. He listened to my concerns and when it tough moments came that I needed to stand my ground. He backed me and made me feel 100% secure. He got me exactly what I needed in a settlement and I would never consider using anyone else. His office staff is also phenomenal.”
- Mary
Mike Serrano was a great attorney for my case!! He was very flexible with phone calls/ Zoom meetings. His staff are always friendly, whether it be on the phone or emails. They keep you updated during your entire case! They don’t leave you silent for months. if you call, they always call back with updates! Highly recommend!"
- Kylie Collier Border
I’ve never had to deal with a lawyer before but Mike has set the bar HIGH. He was always available to communicate my concerns and explain each step of the way. I know no other lawyer would have been able to achieve the same results because he jumped on an opportunity that was a little out of the ordinary and it paid off. He really fought for my case and over delivered. I really hope I never have another accident but if I do I’m running to Mike for help."
- Sandy Carter
What If More Than One Driver Was at Fault?
Some passenger injury claims involve two or more negligent drivers. A multi-vehicle collision may result from several actions occurring at the same time, such as one driver failing to yield while another driver is speeding or following too closely.
Florida uses a comparative fault system. In a negligence action covered by Florida Statutes section 768.81, fault can be allocated among the parties whose conduct contributed to the harm. The statute also provides that a party found to be more than 50 percent at fault for his or her own harm may not recover damages in a covered negligence action. The statute contains an exception for medical negligence claims.
For many passengers, fault for causing the collision may rest entirely with one or more drivers. Every case still depends on its evidence. Driver and witness statements, photographs, vehicle damage, crash reports, available video, electronic data, and medical records can affect the analysis.
A police citation or an insurance company's first assessment does not necessarily resolve every liability issue. A passenger claim may require a closer review of how each vehicle was moving, what each driver could see, and whether more than one negligent action contributed to the collision.
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What If the At-Fault Driver Has No Insurance or Too Little Coverage?
You may still have options if the responsible driver is uninsured or does not carry enough bodily injury liability coverage to address your losses. Uninsured or underinsured motorist coverage may become relevant.
Florida Statutes section 627.727 generally requires uninsured motorist coverage to be provided with qualifying bodily injury liability policies unless the named insured rejects the coverage in writing or selects lower limits as permitted by law. The coverage available to a passenger can depend on the policy covering the vehicle, the passenger's own policy, applicable household coverage, and specific policy terms.
Other coverage may also be available in some situations. Rideshare vehicles, employer-owned vehicles, rental cars, and commercial vehicles can present different insurance questions. Identifying potentially applicable policies can be especially important when medical expenses, lost income, or long-term treatment exceed the coverage available from one insurer.
The firm discusses uninsured-driver issues further at:
https://mikeserranolaw.com/other-driver-doesnt-have-insurance/
What Should an Injured Passenger Do After a Florida Car Accident?
The steps you take after a crash can affect your health and your ability to document a claim. When possible, you should:
- Seek emergency assistance when needed.
- Obtain appropriate medical evaluation and describe your symptoms accurately.
- Keep the names and insurance information of the drivers involved.
- Take photographs or video of the vehicles, roadway, visible injuries, debris, and traffic controls when it is safe to do so.
- Get contact information from witnesses.
- Keep medical bills, discharge instructions, prescriptions, receipts, and wage records.
- Save insurance letters, emails, and claim numbers.
- Avoid guessing about speed, distance, fault, or the seriousness of your injuries when speaking with an insurer.
- Read any settlement or release carefully before signing it.
You may hear from several insurance companies after a collision. Each insurer has its own interests and may ask for statements, records, authorizations, or settlement documents. Before providing information, it can help to understand which insurer is making the request and why.
Medical documentation can also become significant. If you experience neck pain, back pain, headaches, numbness, dizziness, or other symptoms, accurately report them to the treating medical professional rather than minimizing or exaggerating them.
How Long Does a Passenger Have to File a Florida Injury Lawsuit?
Florida Statutes section 95.11 generally provides a two-year limitations period for an action founded on negligence. Special rules or different deadlines can apply in some cases, including claims involving government entities or other circumstances governed by different statutes.
The filing deadline is not a reason to delay investigating a claim. Evidence can disappear much sooner. Surveillance footage may be overwritten, witnesses can become difficult to locate, vehicles may be repaired, and memories can fade. Prompt documentation can help preserve facts that may later become disputed.
An insurance claim deadline can also differ from the deadline for filing a lawsuit. You should review the applicable policies and claim requirements rather than assuming that the general negligence statute of limitations controls every deadline connected with an accident.
Can a Passenger Claim Compensation if the Driver Is a Friend or Family Member?
Potentially, yes. Passengers sometimes hesitate to pursue a claim when the driver is a friend, spouse, relative, or coworker. An insurance policy may provide coverage for a claim arising from the driver's negligence, depending on the facts and policy terms.
A claim involving someone you know is not necessarily the same as seeking payment directly from that person's personal assets. Insurance may respond to the claim. If a lawsuit becomes necessary, the driver may still need to be named as a defendant even when insurance coverage is expected to address covered damages.
Coverage exclusions, household relationships, policy language, and the identities of the insured parties can affect the claim. A lawyer can review those details without assuming that a claim is available or unavailable merely because of your relationship with the driver.
For example, if a family member loses control of a vehicle and causes a crash, you may need to determine whether liability coverage applies, whether a household or family-member exclusion affects the claim, and whether another policy provides benefits. Those questions require review of the actual policies involved.
Why Passenger Injury Claims Can Become Complicated
Passengers are often less involved in the events that caused the crash, but their insurance claims can still involve several issues. Questions may arise about PIP priority, multiple liability policies, comparative fault, medical causation, pre-existing conditions, uninsured motorist coverage, policy limits, or whether a settlement accounts for future losses.
A Florida car accident lawyer can investigate the collision, identify potentially responsible parties, review available policies, gather medical and wage documentation, communicate with insurers, and evaluate settlement terms.
Readers who want to learn more about attorney Michael A. Serrano can visit:
https://mikeserranolaw.com/michael-serrano/
No lawyer can responsibly promise a particular result. A passenger injury claim should be evaluated according to the evidence, Florida law, and the insurance coverage available in the specific case.
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Speak With a Florida Car Accident Lawyer About a Passenger Injury Claim
If you were injured while riding as a passenger in a car, truck, rideshare vehicle, or another motor vehicle in Florida, Serrano Law can review the accident and the insurance issues that may affect your claim. The firm represents Florida accident victims, including people in Hillsborough County and nearby areas.
Serrano Law offers free consultations. Call (813) 553-5648 or request a consultation at:
https://mikeserranolaw.com/contact/
This article is for informational purposes only and is not legal advice. Consult an attorney about your specific situation.
