As a passenger involved in a car accident, you might think you have few options to recover for your injuries because you were not driving. However, you have rights under Florida law as an injured passenger, whether you were riding in a private car, a ridesharing vehicle, or a taxi. If you sustain injuries in […]
Can a passenger file a claim
As a passenger involved in a car accident, you might think you have few options to recover for your injuries because you were not driving. However, you have rights under Florida law as an injured passenger, whether you were riding in a private car, a ridesharing vehicle, or a taxi.
If you sustain injuries in a car accident in Florida, and you have related medical expenses and lost income, you can file a claim to recover those losses. As the passenger in a private car, depending on the circumstances of the accident, you might submit a claim to one driver’s insurance, or to both drivers’ insurance, or you might file a lawsuit against one or both drivers.
When your medical expenses and lost wages are below $10,000, you will submit a claim to an insurance carrier pursuant to Florida’s no-fault law. The law requires all drivers to carry insurance that covers passengers injured in their cars and people injured by accidents with their cars. This insurance coverage will reimburse 80 percent of medical expenses and 60 percent of lost wages.
If you have serious injuries and your damages exceed $10,000, you can file a personal injury lawsuit in Florida against the at-fault driver. In some cases, both drivers might have been at fault. You have the option of suing both drivers, who will pay the percentage of your damages proportionate to their fault.
In the event that your accident occurred while you were riding in an Uber, Lyft, taxi, or other commercial vehicle, you can file a claim in court against the at-fault driver, regardless of your level of injuries and losses. This is because Florida’s no-fault law does not apply to ridesharing vehicles and taxies. If your driver was at fault in the accident, you can make a claim through the company’s liability insurance.
