How to Seek Compensation if You Were Injured as a Passenger in a Florida Car Accident?
If you are a passenger who was injured in a car accident in Miami or other parts of Florida, you need to understand how to recover damages as an injured non-driver in the state.
As a rule of thumb, the process of seeking compensation as an injured passenger in a car crash is more straightforward. When a driver sustains a bodily injury in an auto accident, liability must be determined in order to recover damages.
Seeking Compensation as an Injured Passenger in a Car Crash
In most cases, passengers are not held liable for car crashes, which makes it easier to seek compensation for your injury. In nearly 100% of all accidents in which a passenger is injured, either the driver of the vehicle in which the passenger was riding or the other driver involved in the crash will be held liable for the passenger’s injury.
In some cases, multiple drivers may be held responsible for a passenger’s injury. Also, there may be other liable parties in your case. For example, if a crash was caused by a defective automobile part, the injured passenger may be able to pursue a product liability claim against the manufacturer.
It is advised to contact a knowledgeable personal injury lawyer in Florida to establish fault in your particular car accident.
Filing a Passenger Injury Claim in Florida
Under Florida’s personal injury law, you can file a lawsuit only if you can prove that the other party involved was negligent in your accident. In other words, as an injured passenger, you need to prove that a driver or another person or entity owed you a duty but breached that duty due to negligence.
Also, you are required to demonstrate evidence that the defendant’s negligence caused your bodily injury and resulted in economic and non-economic damages. Under Florida’s Personal Injury Protection (PIP) statute, your own insurance policy will cover up to $10,000 in medical bills regardless of whether you were a driver or passenger in a car crash.
If the medical costs exceed the PIP threshold, you can pursue a claim with the at-fault driver’s insurance company. Then, your claim will be processed as the insurer conducts its own investigation to determine liability. If you can demonstrate proof showing that the driver was responsible for causing your injury, you may be entitled to compensation for your damages.
An experienced car accident attorney in Miami can help you pursue compensation for:
- Medical bills
- Rehabilitation costs
- Lost wages
- Diminished earning capacity
- Pain and suffering
- Emotional distress
It is advised to consult with a lawyer before accepting a settlement offer from your or the other party’s insurance company as insurers tend to undervalue claims. Despite the fact that seeking compensation as an injured passenger is more straightforward because passengers are not usually liable for car crashes, it is still a good idea to contact an experienced personal injury attorney in Florida.
Schedule a consultation with our Miami car accident attorneys at Pita Weber Del Prado to discuss your passenger injury claim. Call at 305-670-2889 to receive a consultation.