Being a passenger in a car accident can leave you feeling helpless – you have no control over what happens, but you still have to deal with the consequences. Florida law provides strong protection for injured passengers, allowing them to seek compensation from different sources. Knowing how to use these rights is the first step towards recovery.
How Florida’s No-Fault Insurance System Affects Passengers
Florida operates under a no-fault insurance system governed by Florida Statute § 627.736. Under this law, every registered vehicle owner must carry Personal Injury Protection (PIP) coverage of at least $10,000. If there is an accident, the PIP policy or the policy for the vehicle you are in will cover up to 80% of medical expenses and 60% lost wages, regardless of who is at fault.
However, PIP coverage does have real limits. With $10,000 in benefits, you can quickly exhaust your coverage after a serious injury. This is why it’s essential to understand your additional legal rights.
When Can a Passenger File a Personal Injury Lawsuit?
Florida’s no-fault insurance system does not prevent you from taking legal action. According to the Florida Statute, § 627.737, you can step outside of this system and file a personal injury claim if your injuries qualify as “serious injuries”. This includes:
Significant and permanent loss of essential bodily functions; permanent injury with reasonable medical certainty, significant and permanent scarring or disfigurement, or death. If your injury meets any of these criteria, you are entitled to full compensation in addition to PIP benefits.
Meeting the serious injury threshold can lead to compensation for pain, suffering, emotional distress and loss of enjoyment in life – categories which Personal Injury Protection (PIP) does not cover.
Who Can Be Held Liable for Your Injuries?
As a passenger, you have a significant legal advantage in that you are rarely held responsible for a crash. This means that there may be multiple potential defendants involved, including:
The driver of the vehicle you were in if their actions caused or contributed to the accident; the drivers of any other vehicles involved in the collision; government agencies if dangerous road conditions played a part, or car manufacturers if a defect in their vehicles contributed to the incident.
Florida follows a modified comparative negligence rule under Florida Statute § 768.81. This means that you can recover damages if you are less than 50% at fault. For passengers, this is rarely a problem.
What Compensation Can You Recover?
If you have suffered personal injury, Florida law allows you to seek compensation for medical bills, lost wages, pain and suffering, emotional distress, permanent disability or disfigurement, and loss of enjoyment of life. Each case is unique, so it’s important to provide thorough documentation, including Florida crash reports, medical records, and witness statements, to maximize your recovery.
Why You Need an Experienced Florida Passenger Injury Attorney
Insurance companies, whether it’s the at-fault driver’s insurance company or yours, focus on minimizing payments. Without legal representation, you risk accepting a settlement that doesn’t reflect the true value of your injuries.
At Hutch Firm, we thoroughly investigate every aspect of your case, gather and preserve evidence, consult with medical experts and accident reconstruction specialists, and negotiate aggressively on your behalf. If a fair settlement is not offered, we are prepared to take your case to court.
Contact Hutch Firm Today
If you have been injured as a passenger in Florida, it is important to act quickly. The statute of limitations under Florida law limits the time you have to file a claim. Call Hutch Firm at (813) 503-0386 or contact us for a free consultation today. Our team is here to help you understand your options and get you back on track.