Can I file a claim if I was injured in a car accident in Miami as a passenger?

Due to the fact that you are not responsible for causing the accident, you hold a unique legal position as a passenger.

In other words, you can file a lawsuit against any at-fault driver involved in the accident, including the driver of the vehicle you were riding in if their negligence contributed to the accident.

Since you cannot be assigned fault or comparative negligence that would reduce your compensation, your passenger status actually strengthens your position. When you file a claim against a responsible party, this gives you a substantial advantage.

How does Florida's no-fault insurance affect my claim?

Florida's no-fault insurance system provides you with immediate access to Personal Injury Protection (PIP) coverage for initial medical expenses and lost wages, covering up to $10k regardless of who caused the accident. Several PIP policies may cover you as a passenger, including your own auto insurance policy, the driver's policy, or a household member's policy if you live with them.

The Florida PIP policy provides immediate financial support regardless of fault. In the meantime, you can see what other options you have for additional compensation from the at-fault driver if you are injured in an accident. It covers 80% of your medical expenses and 60% of your lost wages, up to the policy limit.

Is there a possibility of pursuing compensation beyond PIP?

You can file a liability claim against the at-fault party's insurer if your injuries exceed your PIP coverage limits or if you meet Florida's serious injury threshold. You can get compensated for pain and suffering, permanent disabilities, medical costs exceeding PIP limits, and lost wages. In the case of a multi-vehicle accident, you may be able to recover compensation from multiple drivers and their insurance policies.

What challenges might I face as a passenger?

There can be a lot of complications in passenger claims, especially when there are multiple cars involved or if there is a dispute about who's at fault. There are many instances where insurance companies try to assign blame between different parties or argue about which policy is the primary one.

You may also feel uncomfortable filing a claim against a friend's or family member's insurance if you were a passenger. It's important to understand that you're filing a claim against the insurance company, not the driver, and most auto insurance policies are designed to handle this stuff.

How to take action to secure your compensation?

Injury claims involving passengers are complex and involve multiple defendants that require experienced legal guidance. We specialize in protecting passengers' rights and have recovered substantial settlements from multiple insurance companies in multi-party accidents.

We will handle all correspondence with your insurance company, investigate all possible compensation sources, and work hard to obtain the compensation you deserve. When it comes to personal injury claims, you can count on The Law Offices of Sean M. Cleary to protect your rights and help you receive the maximum compensation. Schedule a free consultation with us today.