PASSENGER INJURED IN A CAR CRASH

Florida Car Accident: Passenger Injury

Often people ask, if I'm a passenger and I'm injured in a car accident what do I do? Or I was a passenger in car accident who do I sue? Being a passenger during a motor vehicle accident can be make you fell helpless because you didn't cause the accident. It adds an additional layer of complication to the legal process. If you were involved in a passenger accident, call Attorney Andrew Graves at (407) 308-0327 or fill out the free case consultation form. ​Read on for what you need to know if you're a passenger in a Florida car crash. 

If you're a passenger in an auto accident in Florida you likely have many questions. Who's insurance will cover your injuries? Does your insurance cover you? What if the at fault party doesn't have insurance? What do you do if you were injured in a car accident as a passenger?

Note: While there may be some overlap, taxi or rideshare accidents have additional legal rules. Click here for more information on passenger injuries related to an Uber accident, Lyft accident, or Taxi accident.

After an accident you should do the following to protect yourself and your case:

1. STAY AT THE SCENE:  You should never leave the scene of an accident until instructed. Criminal penalties may occur if you leave the scene of an accident before instructed to by the police. 
   
   
2. CALL THE POLICE:  Whether it's a minor fender bender or a head on collision call the police. When the police arrive, follow their instructions, and ask for an accident report. Be sure to write down the name and badge number of the officers. Even in a small accident, your insurance company may try to deny your claim if you don't have a police report.
   
   Note:  Keep in mind that you or other passengers could be in shock. Injuries may not be visible or felt in the moment but can develop after some time. It's important to have the accident documented and the accident report can further your claim. 
   
   
3. OBTAIN PERSONAL INFORMATION FROM THE OTHER PARTY:  It's important to take down the other party's information. This should be included in the police report, but the officers sometimes make mistakes. Take down the following: 
   • Name;
   • Address;
   • Drivers License Number;
   • Telephone Number;
   • Insurance Company;
   • Insurance Policy Number; and 
   • Write down the name and information of the owner of the vehicle. (Sometimes the driver is not the owner.) 
     
     
4. WITNESSES:  Look to see if there were any witnesses to the accident. Oftentimes, other cars may stop if they witness an accident and attempt to assist. Take down the names and phone numbers of any witnesses to the accident.  
   
   
5. PHOTOS/VIDEOS:  Take as many clear photos/videos of the scene as possible. Take photos/videos of the all parts of the vehicles,  not just where there is visible damage. Take photos/videos of the road and the conditions of the road. Photograph/video any stop signs or stop lights that are in the vicinity. Try to photograph/videos any injuries you sustained. If you have a dash cam or the other driver has a dash cam, take note and/or save the footage. 
   
   Note:  Depending on where the accident took place, there may be a nearby security camera that captured the accident. If so, let your attorney know immediately, so the law firm can obtain the footage before expiration.
   
   
6. SEEK MEDICAL ATTENTION:  If you have any injuries or discomfort go to the hospital. If in the event you do not have any injuries noticeable at the scene of the accident, that's ok too.
   
   Sometimes, injuries can develop over a day or a week. It's imperative that you document this as soon as the injury presents itself (even if it's what you consider minor).
   
   Go to your doctor, an urgent care, or an emergency room to be evaluated. If you're worried about the cost of seeing a medical professional and unsure of what your co-pay might be, give us a call. We read legal jargon all day long! We can help you make sense of it.
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7. CONTACT YOUR INSURANCE COMPANY:  You should notify your insurance company within 24 hours of an accident. Your insurance policy may have a limited amount of time for you to inform them of the accident. Unsure how to contact them, we can help you through this too.
   
   
8. CALL US AT (407) 308-0327:  We're here to help you through this moment in your life. 

Passenger Insurance

One of the common questions as a passenger injured in a car accident is who pays my medical bills?

After an accident, the first place to look for recovery is your own insurance. Generally, your PIP policy covers you when you are involved in an accident as a passenger. In Florida, you are required to have $10,000.00 of PIP coverage if you own a car. If you have insurance, report the accident to your insurance provider and request to use your PIP benefits. In order to take full advantage of your PIP benefits, you must be seen by a medical provider within two weeks. ​

Family Member Insurance

What do you do when you don't have insurance?

This question often comes up in relation to a passenger accident claim. Typically this occurs when a minor is in an accident or underaged person involved in an accident. When you don't have auto insurance you can seek benefits from the policy of a family member who is living with you. Family members can include parents, siblings, aunts, uncles, etc. 

​Driver's Insurance

What about when you don't have insurance and your family members don't have insurance?

When a passenger hurt in a car crash does not have insurance and the passenger's family members who live with them do not have insurance, the next step is to look at the driver's insurance. If there is no closer option, then the driver's insurance takes over. Even if the driver is using their PIP benefits, their policy should provide $10,000.00 of coverage for each person in the car without a closer policy. 

Injury Coverage

I've used the appropriate PIP benefits and I'm still injured, can I sue? Who do I sue?

If you were involved in a car accident as a passenger you have rights. You can file a car accident passenger claim or even file a lawsuit if necessary. As a passenger injured in a car crash you can sue the at fault party. This means the injured passenger can sue the other driver or the passenger can sue the driver if the car driver was at fault.

At this point it is highly recommended to contact an attorney. An attorney can help negotiate a settlement or file a lawsuit if necessary. If you were involved in a passenger accident, call Attorney Andrew Graves at (407) 308-0327 or fill out the free case consultation form.

Uninsured Motorist/Underinsured Motorist

The driver who hit the car is uninsured, what do I do? The driver who hit the car only has the minimum insurance, what do I do?

Uninsured motorist coverage is optional, so you would need to elect to have it in your insurance policy. As a passenger in a car accident without insurance there are limited options. First you make a passenger personal injury claim against the at fault party. After making the claim, if the at fault driver doesn't have insurance or the driver has low insurance you would turn to the driver of the vehicle's uninsured motorist insurance. Finally, you can make a claim against your uninsured motorist coverage. 

For example, let's say you were riding in a car driven by your friend Alex and were rear ended. by Peter. Peter, the driver who rear ended you, is at fault. First you would make a claim against Peter's bodily injury coverage. If that is insufficient, you can make a claim against Alex's uninsured motorist coverage. If that is still insufficient or if neither of them have coverage, you can make a claim against your own uninsured motorist coverage. 

Now lets say Alex, the friend who you're riding with is at fault. First you would make a claim against Alex's bodily injury coverage. Then if he doesn't have insurance or if his insurance is insufficient, you can make a claim against your own uninsured motorist insurance. 

Should I Speak With an Attorney?

While it’s not required, it’s highly recommended that you speak with an attorney about your Florida car accident claim. A car crash attorney can guide you through the stressful, complex insurance process. Many times, car crash victims have difficulty using their insurance or don’t know what doctors are needed for their injuries. 

According to the IRC, accident victims who retained an attorney received settlements more than 3 times higher than those without an attorney. Don't hesitate, the consultation is free.

If you were injured in a car crash, truck crash, slip and fall, motorcycle accident, or workers compensation accident, it's important to have an attorney who can navigate the complex insurance landscape. Call Attorney Andrew Graves for a free consultation or fill out our online consultation form for a call back.