Can I Sue if I Was Injured as a Passenger in a Car Accident in Florida?

Being injured as a passenger in a car accident can be a frightening and overwhelming experience. As a passenger, you have little to no control over the circumstances that led to the accident, yet you may still face significant injuries, medical bills, and time off work as a result. The good news is that, in Florida, passengers injured in a car accident have the right to seek compensation.

This guide will explain the steps you can take if you were injured as a passenger, including who you can sue, the insurance options available, and how to maximize your compensation.

Passenger Rights in Florida Car Accidents

In Florida, passengers have the right to pursue compensation if they are injured in a car accident due to someone else’s negligence. Unlike drivers, passengers are almost never considered at fault in an accident, which makes it easier for them to seek recovery. Florida’s no-fault insurance laws can complicate this process, but injured passengers still have various options to recover their damages.

Who Can a Passenger Sue After a Car Accident?

As an injured passenger, you have several potential parties from whom you might seek compensation. Depending on the specific circumstances of the accident, you may be able to sue one or more of the following:

1. The Driver of the Vehicle You Were In

If the driver of the car you were riding in is at fault for the accident, you may be able to file a claim against their insurance policy. For example, if the driver was speeding, distracted, or driving under the influence, they could be held responsible for your injuries. However, there are exceptions where the passenger would not be able to sue the driver. Depending on the policy language, sometimes a person could be precluded from suing their spouse if the policy does not cover injuries caused by a listed insured against a listed insured.

2. The Driver of the Other Vehicle(s)

If the accident was caused by another driver, you can file a claim against that driver’s insurance policy. In multi-car accidents, there may be more than one driver at fault, and you could potentially file claims against multiple parties if they share responsibility for the accident.

3. Third Parties, Such as Vehicle Manufacturers or Maintenance Providers

In some cases, the accident may not be solely due to driver negligence. For example, if a defective vehicle part (like faulty brakes) contributed to the crash, you might be able to file a product liability claim against the vehicle manufacturer. Similarly, if improper vehicle maintenance led to the accident, you may be able to hold the service provider accountable.

4. Environmental Contributors

Sometimes crashes occur not as a result of the negligence of drivers, but because of the negligence of third parties that affect the environment in such a way that causes the crash. One of the most common examples of this would be property owners who let the foliage on their property overgrow and block sight lines at intersections. In certain scenarios, you can hold the property owner responsible for their negligence in allowing trees, shrubs, or hedges to block the view of motorists.

Understanding Florida’s No-Fault Insurance Laws for Passengers

Florida is a no-fault insurance state, which means that each driver’s own insurance generally covers their medical expenses and lost wages after an accident, regardless of who caused the collision. This coverage is typically limited to $10,000.00. This is covered under Personal Injury Protection (PIP) insurance, which is mandatory in Florida.

As a passenger, you may also have access to PIP coverage to help cover your immediate medical expenses and lost wages, regardless of fault. Here’s how PIP works for passengers:

• Your Own PIP Coverage: If you have your own PIP insurance, it will be the primary coverage for your medical expenses and lost wages.
• Driver’s PIP Coverage: If you don’t have your own PIP insurance, you may be covered under the PIP policy of the driver whose car you were in.
• Household Member’s PIP Coverage: In some cases, if you don’t have your own PIP coverage but live with a family member who does, you may be eligible to use their PIP policy.

What Types of Compensation Can Passengers Recover?

As an injured passenger, you may be entitled to various forms of compensation, depending on the severity of your injuries and the circumstances of the accident. Common damages for which you can seek compensation include:

• Medical Expenses: This includes past and future medical bills, surgeries, rehabilitation, physical therapy, and any other medical costs related to your injuries.
• Lost Wages: If your injuries prevent you from working, you may be able to recover lost income and compensation for diminished earning capacity.
• Pain and Suffering: Florida allows injured passengers to pursue compensation for physical pain, emotional distress, and mental anguish caused by the accident.

Potential Challenges for Passengers in Car Accident Claims

While passengers often have a clearer path to compensation since they are typically not at fault, they may still face some challenges in their cases. Here are a few possible obstacles:

Multiple Insurance Claims

If multiple drivers were involved in the accident, you may need to file claims with more than one insurance company. This can be complex and time-consuming, and insurers may try to shift blame to reduce their liability.

Limited Insurance Coverage

Florida only requires drivers to carry a minimum amount of bodily injury liability coverage, which may not be enough to cover your full damages if you suffered serious injuries. In such cases, you may need to explore other sources of compensation, such as underinsured motorist coverage.

Comparative Negligence

Florida follows a comparative negligence rule (Florida Statute § 768.81), meaning that if you are found partially at fault, your compensation may be reduced by your percentage of fault. While passengers are rarely at fault, there may be situations where they are partially blamed, such as failing to wear a seatbelt. However, it’s generally uncommon for passengers to bear responsibility in these cases.

Conflicts of Interest

Conflicts of interest can also arise if you are a passenger injured in a car accident and seeking legal representation. For instance, if you are the passenger and you believe both the driver of the vehicle you are riding in as well as a third party vehicle share fault for the collision, you could not be represented by the same attorney representing the driver.

Also, sometimes limits in the available insurance coverage can prevent one attorney from representing both you and the driver. If you are going to attempt to hire the same attorney as the driver of the vehicle in which you were a passenger, make sure your attorney is aware of and makes clear to you any conflicts of interest that may exist. If they don’t, that attorney could be forced to withdraw from  your case at a later date. 

Protecting Your Rights as an Injured Passenger in a Car Accident

If you were injured as a passenger in a car accident in Florida, you have the right to pursue compensation for your medical expenses, lost wages, pain and suffering, and more. While Florida’s no-fault insurance laws may initially complicate the process, there are options for injured passengers to seek full compensation, particularly in cases involving serious injuries.

Working with an experienced Miami car accident lawyer can make a significant difference in navigating the claims process, handling negotiations with insurance companies, and ensuring you receive the compensation you’re entitled to. At Flanagan & Bodenheimer, we are committed to helping injured passengers in Miami get the justice and financial recovery they deserve.

Contact us today at 305-638-4143 for a free consultation, and let us help you protect your rights.