If you are hurt in a car accident as a passenger, you likely have a right to file a personal injury claim for your injuries. This could include filing a claim against the driver of the vehicle you were in, another driver, or even your own car insurance policy. Our experienced Vero Beach personal injury attorneys will work with you to determine who might be responsible for your injuries – and help you get maximum compensation for your losses.
Gould Cooksey Fennell works with accident victims in Indian River County and throughout Florida’s Treasure Coast who have been injured in car crashes, motorcycle collisions, truck accidents and other types of negligence cases. We offer free initial consultations and never charge a fee unless we recover money for you. Reach out to our law offices today to schedule an appointment with an Indian River County car accident lawyer.
What Are My Rights As a Passenger in a Florida Car Accident?
Generally, if a person is hurt in a motor vehicle accident, they might be able to file a lawsuit against whoever caused their injuries. Depending on the facts of the case, this might be another driver, a corporation, a government agency, an insurance company or even the manufacturer of a dangerous or defective part.
If you are a passenger, you can file a lawsuit for your losses in a car accident. This claim will be filed against whoever was responsible for the accident – such as the driver of the vehicle you were riding in or the driver of a vehicle that hit your car.
In addition to making a claim against the at fault party, your own insurance company is likely required to pay up to $10,000.00 for medical expenses and lost wages without having to prove fault. In Florida that PIP or “no fault” coverage is mandatory in the amount of $10,000 in PIP insurance, which pays for 80% of all reasonable and necessary medical expenses and up to 60% of lost wages after a motor vehicle accident.
If you do not have your own car insurance and you were injured as a passenger in the car of a driver who has car insurance, then you will get benefits through their PIP policy. You will have to file a claim with their insurance company to get coverage. If you do have your own car insurance, then you will seek PIP benefits from your own insurance company.
Depending on the facts of the case, you might be able to file a claim with the insurance company of the driver who was at fault for the accident. This may be the person who was driving you or another driver. In some cases, you might be able to file a claim against a government agency that failed to maintain the road or the manufacturer of a dangerous or defective car part. In addition, if the at fault driver was operating his or her vehicle as part of his or her work, that driver’s employer may also be held responsible.
In some cases, you might be able to file a claim against your own insurance company if you own a car and have car insurance. Many Florida drivers elect to carry uninsured/underinsured motorist coverage (UM/UIM coverage). This type of insurance will pay for your losses if you were injured in an accident involving a driver who either didn’t have insurance or didn’t have enough insurance to cover your losses. We can help you determine whether that coverage exists under your police
Determining who you can sue – and how much you can sue for – as a passenger in a Florida motor vehicle accident can be complicated. If you are unsure of your rights, our law firm is here to help. Our experienced Florida car accident attorneys will thoroughly analyze your case to put together the strongest possible claim for compensation.
Filing a Lawsuit for Car Accident Injuries as a Passenger
Car accident cases are a type of personal injury claim. To win, the injured party (plaintiff) will usually have to prove that the at-fault party (defendant) caused the crash. Most car accident cases are based on a theory of negligence or carelessness, although you may also pursue a claim for reckless or intentional behavior (such as a drunk driving accident).
If your losses exceed PIP coverage and/or you have a permanent injury, then you can pursue a claim against the at-fault driver – which may include the driver of the vehicle that you were in at the time of the accident. In a negligence case, you will need to prove four elements:
- Duty: the defendant owed you a duty to use reasonable care.
- Breach: the defendant violated that duty in some way.
- Causation: this violation caused the accident.
- Damages: you suffered losses as a result.
For example, consider a situation where you were injured in a car crash caused by another driver failing to yield when merging onto a highway. The driver violated their duty to use reasonable care by not yielding – which caused the accident – and you suffered injuries in the crash. In this situation, you could prove that the other driver was negligent.
In a personal injury lawsuit, you can recover financial compensation for all of your losses – far beyond PIP benefits. This may include the following types of damages:
- Economic damages pay for direct financial losses. Examples of economic damages include medical bills, future medical treatment, lost wages, reduced earning capacity, and property damage.
- Noneconomic damages pay for indirect losses. This may include pain and suffering, loss of enjoyment of life, emotional distress, scarring, and disfigurement.
- Punitive damages punish a defendant who acted intentionally or recklessly. They may be awarded by a jury in more unusual car accident cases (like drunk driving crashes). In Florida, punitive damages are capped at the greater of 3 times compensatory damages (economic plus noneconomic damages) or $500,000.
As a passenger, you are entitled to full compensation for your injuries. If you suffered a serious injury, then your medical bills and lost wages will likely far exceed $10,000. Filing a personal injury claim can ensure that you get the money that you deserve for your losses.
Studies show that people who have legal representation recover an average of 40% more than people who represent themselves in personal injury claims. Having a seasoned Vero Beach car accident attorney is even more important in cases involving a passenger injury given the legal complexities of these cases. Our law firm will fight for your right to full compensation and will protect your rights throughout the process.
Will My Case Go to Trial?
Many of our clients – particularly passengers in car accident cases – are understandably nervous about their case going to court. They don’t want to testify against their loved ones – or deal with the stress of litigation. Fortunately, the chances of your case going to trial are small. The vast majority of personal injury claims in the United States are resolved outside of court.
It may still be necessary to file a lawsuit to protect your legal rights. That does not mean that your case will go to trial, but instead is an opportunity to continue negotiations while protecting your legal rights. Contact Gould Cooksey Fennell today to schedule a free consultation with a Vero Beach, Florida car accident lawyer.
When companies or insurance carriers refuse to make a reasonable offer, the attorneys at Gould Cooksey Fennell have the experience and resources to take our client’s cases to trial. When we do, we often recover damages for our clients far in excess ot what the companies have offered. In fact, we recently obtained the highest known verdict in an automobile accident case in the history of Indian River County and many others that are amongst the highest verdicts ever recorded locally.
Will My Own Car Insurance Cover My Losses as a Passenger?
Your own insurance policy might cover some of your losses through your PIP coverage. If the driver of the car that you were in doesn’t have car insurance, then your own insurance will cover your initial medical bills and lost wages. Similarly, if the at-fault driver was not insured – or was underinsured – then you may be able file a claim with your own UM/UIM coverage.
However, if all drivers involved in the accident had insurance, then their policies should cover your losses. Gould Cooksey Fennell can help you sort through these details so that you can get maximum compensation for your injuries. Reach out to our law offices today for a free consultation with a Florida car accident attorney.
Can I Sue Both Drivers in a Car Accident Case?
Yes. If both drivers were at fault for an accident and you were hurt as a passenger, you could file a claim against both of their insurance policies. For example, if the crash was caused by a combination of one driver speeding and the other driver not checking to make sure that the coast was clear before turning onto the road, they are both responsible for the collision. You can file a claim with both insurers to make sure that you get full coverage for your injuries.
Gould Cooksey Fennell has significant experience representing passengers in Florida car accidents. Call or email our law firm today to talk to a Vero Beach car accident attorney about your case. We never charge a fee unless we recover money for you.
Help for Injured Passengers
When you are hurt in a motor vehicle accident as a passenger, you might be scared, stressed, and unsure about your legal rights and options. Fortunately, you can seek compensation for your injuries – potentially from the insurance company of the other driver, the insurance company of the vehicle you were riding in, or even your own insurance company. We can help you with the process.
At Gould Cooksey Fennell, we represent accident victims who have been hurt in all types of crashes – including passengers. We know that figuring out the legal steps to take after an accident can be confusing and overwhelming. We will advocate for you, helping you get maximum compensation for your injuries. To learn more or to schedule a free consultation with a Florida car accident attorney, give us a call at 772-758-8756 or fill out our online contact form.
