If you are the passenger in a vehicle during a car accident, it can be hard to know what you are legally entitled to do about the injuries, consequences, and suffering caused to you that was not your fault. Florida personal injury law is complex, and dealing with insurance companies is often both intimidating and confusing.
However, the personal injury lawyers here at The Law Place have accumulated 75 years of combined experience working on injured passenger claims. We have the skills, the experience, and the determination needed to stand you the best chances of maximizing your compensation. To find out what the process is in your specific accident as a passenger case, call us today for a free consultation. We are happy to give you free legal advice directly about your situation, all at no obligation and totally protected by the attorney-client relationship.
To find out how we help injured passengers pursue compensation as they deserve it, call us today on (941) 444-4444!
Where Is a Passenger Accident Claim Directed?
Knowing where to direct your claim can be complicated and confusing when you are involved in the accident as a passenger, which is why it is so important to find personal injury lawyers with a wealth of experience in this field, like those from The Law Place.
This is because even if the driver of the car you were a passenger in was at fault, you were not – so where do you direct your claim or lawsuit?
Depending on the specifics of the accident, your claim or lawsuit may be raised with the following parties:
- The driver of the car you were traveling in. If this car did not belong to them, it could be possible to claim against the owner’s insurance policy.
- The other driver involved in the car crash.
- Your own insurer if you owned the car and it was being driven by an immediate family member.
As passenger accidents are complex situations, free consultations are the best way to find out the specifics of your case. Call us today to find out how your case would be conducted, as well as how much compensation you could be owed.
How Does Personal Injury Protection Car Insurance Work for Passengers in Florida?
All Florida car accidents are covered by no-fault laws, as per Florida Statute 627.7407. These laws require every driver’s insurance policy to carry personal injury protection insurance (PIP) as a minimum to protect themselves, their relatives, passengers, and other people involved in car accidents.
This means that as long as the driver was not an uninsured motorist, their car insurance policy will cover 80% of the cost of your medical bills and 60% of lost income, up to their policy limit, as standard.
What Are the Limitations if the Driver’s Insurance Policy Only Includes Basic Personal Injury Protection Insurance?
As per Florida Statute Florida Statute 627.736, basic personal injury protection insurance coverage will only allow you to receive compensation of up to $10,000 in medical and disability benefits.
If your damages are worth more than this, and the accident was at least partially the fault of the driver of the car you were inside or the other driver, you have the grounds to file a lawsuit to achieve the compensation you deserve. If both parties share fault for the accident, you can file a claim against both of them.
What Can the Injured Passenger in a Motor Vehicle Accident Claim?
If you are raising a personal injury case as somebody who suffered injuries as a passenger in a car accident, you have the right to claim for the same types of damages as drivers do.
These will depend on the consequences involved as a result of the car accident, and the value of the compensation will scale with how severe these consequences were.
In the following sections, we will cover the common types of damages available to those injured in a car accident. However, the best way to find out which categories apply to your case and how much money they could be worth is to arrange a free case evaluation with us today.
Claiming for Medical Costs
If you were injured as a passenger in a vehicle, your personal injury lawyer could help you to gain fair compensation to cover the cost of your medical expenses.
In order to prove the cost of your medical expenses, retain copies of all of the medical bills as proof if you plan to file a claim.
Additionally, if you are planning to file a claim, you should seek medical treatment within the first 14 days after the crash, as this is a requirement to file a personal injury claim as per Florida Statute 627.736.
Claiming for Lost Wages
If you were forced to take time off work to recover from serious injuries, it is likely that you lost out on income. Employers often do not pay sick pay at the same rate, if at all.
Luckily, your personal injury attorney can help you recover these lost wages. Ensure you keep copies of all relevant correspondence with your employer as proof.
Claiming for Property Damage
Being injured in a car accident as a passenger is not the only way you can accrue damages. It is also possible that your valuables or personal property may have been damaged, especially if you owned the car involved.
Your personal injury attorney can also help you to seek compensation up to the value of this damaged property.
Claiming for Pain and Suffering
Your car accident lawyer can also help you to file a claim for pain and suffering. This is the legal name given to damages that compensate you depending on the length of your recovery process, the pain involved throughout, and any permanent impacts on the way you live your life going forward.
If you hope to file a claim for pain and suffering, it helps to have a copy of your long-term medical history. This is because car insurance companies often try to pass off the impacts of a passenger injury as a longstanding but undeclared condition.
What Is the Statute of Limitation on Passenger Injury Claims?
If you have been injured as a passenger in a car accident, you only have a limited time to seek compensation for your injuries, medical bills, and other damages.
This period of time is known as the statute of limitations, and under Florida Statute 95.11, it is set at four years from the exact date on which the auto accident happened.
What Additional Proof Can Help to Ensure Your Passenger Accident Claim Goes Smoothly?
There are a few things that you can do to ensure you stand the best chance at maximizing your compensation after you are involved in a passenger accident.
- As mentioned above, keep hold of medical bills and employer correspondence, also get hold of your full medical history if you can.
- Take thorough photographs of the accident scene. This should include vehicle damage to both the car you were in and the other car, as well as any other vehicle involved in the accident. It should also include any environmental damage, available registration plates, and tire skid marks on the road.
- Ensure you know the details of who the driver’s insurer is for the car you were inside, as well as the other driver’s insurer details.
- Get the contact details of everybody involved or witnessing the accident, even if this is multiple drivers.
- Contact the police. Not only is this a legal obligation under Florida Statute 316.062, but also having a police report filed can act as helpful evidence.
- Take photographs of your injuries immediately after the accident and at every significant stage of recovery.
- Contact a lawyer immediately. They will be able to help you make the correct moves and ensure no insurance company compromises the worth of your claim.
How Much Does It Cost to Secure a Lawyer From The Law Place?
Many people are under the impression that in order to secure legal counsel by a worthwhile lawyer, you will have to pay a lot of money. This is false.
Here at The Law Place, we believe that no accident victim should have to take any risks when it comes to seeking the compensation they deserve. That is why we operate all of our accident and personal injury cases on a contingency basis.
On a contingency basis basically means that your case will be no-win-no-fee. So, if your case is unsuccessful, you will not be charged a cent. If you are successful, then the legal fees will only be taken away from the total settlement once you have won it. There really is no risk involved.
Honesty, trust, and transparency are at the heart of our legal work here at The Law Place. That is why you can secure the help of one of our AVVO 10.0 rated lawyers for a no-win-no-fee case that is strictly monitored by The State Bar Association to preserve your peace of mind.
Contact The Law Place Today
If you have been involved in a car accident as a passenger in the past four years, you could be entitled to claim compensation for the injuries, medical bills, other damages, and life complications you received as a result. However, when you are a passenger in a car accident, it can be hard to figure out where to direct your claim. This will depend on the scale of the damages caused to you, whether your car was being driven by an immediate or extended family member, who was at fault for the accident, and more. This level of complexity means making a successful claim can often be difficult.
Luckily, with the help of our experienced passenger accident attorneys here at The Law Place, nothing needs to be difficult. Our legal team has over 75 years of experience in this field and will know exactly how to handle your claim or lawsuit. Not only this, we can fill you in on your process and your chances of victory from the very beginning with a free case review and evaluation over the phone. All our consultations take place under no obligation, are completely free, and are totally confidential under the attorney-client relationship. We also ensure that somebody is available 24/7 so that you can call us at a time that is convenient for you and your busy schedule.
For more information on how a passenger car accident attorney from our firm can help you to unlock the maximum level of compensation for your injuries, call us on (941) 444-4444 as soon as possible!