Yes. A passenger injured in a Florida car accident may have a personal injury claim even though they were not driving either vehicle.
In many cases, passengers are in a different position from the drivers because they usually are not responsible for causing the collision. The bigger questions tend to be which driver was negligent, which insurance policies apply, and how the passenger’s medical expenses and other losses should be handled.
At The Black Law Company, we help injured people understand these overlapping insurance and liability issues after Florida crashes.
Key Takeaways
- Passengers can potentially pursue compensation when another person’s negligence causes their injuries.
- Florida PIP coverage can apply to passengers, although which policy pays depends on the passenger’s insurance circumstances.
- Initial medical care generally must be received within 14 days for Florida PIP medical benefits.
- More than one driver may potentially share responsibility for a multi-vehicle accident.
- Passengers should document their injuries and the crash even when fault between the drivers seems obvious.
Who Pays a Passenger’s Medical Bills After a Florida Crash?
Florida’s Personal Injury Protection system can provide an initial source of benefits.
Florida Statute §627.736 includes passengers among the people who may receive PIP benefits under qualifying automobile policies. However, the policy responsible for paying can depend on whether the passenger owns an insured vehicle, lives with a relative who has qualifying coverage, or must look to the vehicle owner’s policy.
Florida PIP can provide medical and disability benefits subject to statutory limits and requirements. For medical benefits, the statute generally requires initial services and care within 14 days of the accident.
That deadline is one reason we recommend taking injuries seriously rather than waiting several weeks to see whether pain disappears.
Can a Passenger Make a Claim Against the Driver?
Potentially, yes.
If one driver’s negligence caused the accident, an injured passenger may have a claim involving that driver’s liability coverage.
This can feel uncomfortable when the negligent driver is a friend, coworker, or family member. But an injury claim usually involves determining what insurance coverage applies to the accident and what damages resulted from the driver’s negligence.
For example, imagine you are riding with a friend who runs a red light and is struck by another vehicle. If your friend caused the collision, their actions may become part of your claim even though you obviously did not want to create a dispute with someone you know.
The focus is on the accident and available insurance coverage.
What If Both Drivers Caused the Accident?
That can make the case more complicated.
A passenger may be injured in a collision where one driver was speeding while another failed to yield. Evidence may show that both drivers contributed to what happened.
Florida law allows fault to be allocated among responsible parties in negligence actions.
For an injured passenger, identifying every responsible party can therefore be important. Focusing immediately on only one driver could overlook another source of liability or insurance coverage.
Can a Passenger Recover for Pain and Suffering?
Florida’s no-fault automobile system places limits on certain damages arising from motor vehicle accidents.
Florida Statute §627.737 establishes the circumstances under which an injured person may pursue noneconomic damages such as pain, suffering, mental anguish, and inconvenience following an automobile accident. Qualifying injuries can include significant and permanent loss of an important bodily function, permanent injury within a reasonable degree of medical probability, significant permanent scarring or disfigurement, or death.
Whether an injury satisfies that threshold depends on the medical evidence and circumstances.
What Evidence Should an Injured Passenger Keep?
Do not assume the drivers and their insurers will preserve everything you need.
If you can do so safely, keep photographs of the vehicles and accident scene, witness information, medical records, bills, and correspondence from insurers.
Write down what you remember while the details are fresh.
Passengers can sometimes become valuable witnesses because they observed what happened without being responsible for operating either vehicle.
You Still Have Rights Even Though You Were Not Driving
Being a passenger does not mean you have to absorb the financial consequences of someone else’s negligent driving.
The Black Law Company handles Florida car accident and personal injury claims from our Tampa office, including cases involving multiple drivers and competing insurance policies.
If you were injured while riding in someone else’s vehicle, we can examine the accident, identify potentially responsible parties, review the available insurance coverage, and explain what options may apply to your situation.
This article provides general information about Florida law and is not legal advice. Insurance coverage and personal injury rights depend on the specific facts of each accident.
This post was written by Okoye Morgan Jr., a black attorney and lawyer with extensive knowledge of Tampa car accidents. Okoye is one of the founding partners of The Black Law Company, specializing in personal injury law, trust and estate law, civil litigation law, and criminal defense.
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