Lawyer for a Passenger in a Car Accident in Palm Coast, FL
In many multi-car accidents, there are passengers in the vehicles who are injured. A passenger injured in a Florida car accident needs to know that compensation may be available for their medical bills and other losses through either driver’s auto insurance. Some cases may require filing a personal injury lawsuit against the at-fault driver.
The experienced car accident lawyers at Chiumento Law, PLLC, can help you file a claim against the driver’s no-fault insurance to pay your medical expenses. If you suffered serious injuries, we also can explore whether to bring a lawsuit against the at-fault driver. An injured passenger should not feel hesitant about pursuing a claim against a friend or family member who caused a car crash. Car owners in Florida are required to have Personal Injury Protection insurance to cover the driver and passengers in the vehicle in the event of a collision. Accidents happen. Auto liability insurance exists to assist those who have been injured.
Chiumento Law can handle your passenger car accident claim and pursue a settlement for you. Our Palm Coast car accident lawyers have successfully represented car accident victims and their families for more than 40 years. We help injured people in Flagler County and Volusia County – including Daytona Beach – seek just compensation for injuries caused by the negligence of others.
Contact Chiumento Law today for a free initial consultation about seeking the compensation available for the injuries you sustained while riding in someone else’s car.
Filing a Claim If Injured as a Passenger in a Car Accident
Florida is a no-fault insurance state for car accidents. Motorists initially rely on their own insurance for coverage after an accident. Car owners in Florida are required to show proof of Personal Injury Protection (PIP) and Property Damage Liability (PDL) insurance coverage worth at least $10,000 each to register their vehicles in the state.
Personal Injury Protection applies to the driver of the covered car and any passengers in the vehicle in a crash. Regardless of who was at fault for the accident, PIP covers 80% of medical expenses – up to the policy limit.
If you were a passenger injured in a car accident, you could file a claim against the PIP coverage held by the driver of the car in which you were riding. If you had significant injuries and your medical bills exceed the PIP policy’s coverage limits, you may need to explore a personal injury lawsuit.
In addition to a claim against the PIP coverage held by the driver you were riding with, Florida law allows you to seek compensation from the at-fault party’s auto insurance if you have suffered any of the following:
- Permanent and significant loss of an important bodily function
- Permanent and significant scarring and disfigurement
- Other permanent injuries
- Medical expenses not covered by PIP
Our attorneys at Chiumento Law can help you understand your legal rights and file a personal injury claim against the insurance of the at-fault driver.
Passengers’ Rights After a Car Accident in Florida
As a passenger severely injured in a car accident, you would have the right to seek a settlement after exhausting PIP coverage. A claim filed on your behalf by Chiumento Law could demand compensation for the following:
- Remaining medical expenses
- Lost wages
- Lost future earning capacity
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life
- Loss of familial relationship
If you were a passenger riding with a family member or a friend who was at fault for the accident, you may have the right to seek compensation from any liability insurance they held. Florida does not require car owners to carry bodily injury liability insurance. But because liability insurance protects the policyholder if they injure someone else, some drivers maintain it out of caution.
If you were a passenger riding in a car driven by a co-worker on company time, your injury should be covered by workers’ compensation insurance that most Florida businesses must carry to cover their employees in the event of work-related injuries.
If another driver was at fault and was on the job at the time, the driver’s employer may be financially liable for the driver’s actions. You would have the right to seek compensation through their business liability insurance if your injuries were severe and your medical costs exceeded available PIP coverage.
As your attorneys, Chiumento Law would determine what type of claim you have the right to pursue and what insurance coverage is available to provide payment to you. We would calculate the full extent of your losses and present a demand letter to the appropriate insurers, seeking maximum compensation for the injuries and losses you have suffered. If the insurance company refuses to agree to a reasonable settlement, we will file a lawsuit on your behalf and be prepared to present your case in court.
What Happens If the Passenger in a Car Accident Was At Fault?
An insurance company will be reluctant to pay an expensive car accident claim and will conduct its own investigation of the case. An insurer might argue that a passenger was at fault for an accident and is therefore ineligible for compensation if the passenger:
- Seized control of the vehicle, such as by grabbing the steering wheel
- Engaged in horseplay that physically obstructed the driver, such as by covering their eyes or grabbing their arm
- Was the willing passenger of a driver who they knew was impaired by alcohol or drugs
- Did something to distract the driver, such as arguing or fighting with the driver or showing the driver a text message or social media post
A driver has a legal obligation to operate their vehicle safely, even if they have an unruly passenger. Instead of continuing to drive with an unruly passenger, a driver should pull over to the side of the road to prevent a crash. However, if a passenger purposefully or recklessly creates a situation that forces the driver to take his or her eyes off the road and a crash occurs, the passenger could be held liable.
Should a Passenger Injured in a Car Accident Contact a Lawyer?
A passenger who has been injured in a car accident may find it difficult to pursue a claim that blames a friend or family member for their injuries. But a passenger injured through no fault of their own should not be expected to bear the financial burden of expensive medical care, lost wages, and other costs of a lengthy recovery.
As your attorneys, Chiumento Law would help you communicate your intention to seek compensation from insurance coverage to cover the losses you have suffered. We would work to:
- Answer questions and ensure that you and other parties understand what to expect at each step in the claims process
- Explain that most car accident claims are settled out of court
- Ensure understanding that any settlement or court award would come from insurance – not out of anyone’s pocket
Many times, a friend or family member in this situation realizes they want the same thing as the person who has been injured, and everyone involved is satisfied in the end.
Contact Our Palm Coast Car Accident Lawyers About a Passenger’s Claim
Passengers are frequently hurt in Florida car accidents and deserve to be compensated when they have been injured because of someone else’s negligence. If you were injured while riding as a passenger in a car, the attorneys at Chiumento Law, PLLC, can help you seek compensation for your medical bills, lost wages, pain and suffering, and more.
The Palm Coast car accident attorneys of Chiumento Law are dedicated to protecting the rights of those injured in car accidents caused by others’ negligence. When you work with our firm, you can be confident that we will thoroughly investigate the car accident, identify the full extent of your losses, and pursue all compensation available to you under Florida law.
Contact us as soon as you can to discuss your legal options if you have been injured in a car accident. Call us at (386) 445-8900 or fill out our online contact form to schedule your free, no-obligation legal consultation.