If you are a passenger in a car accident, you may wonder who is responsible for your injuries. Usually, liability is determined by the insurance companies or police, and the at-fault driver would be responsible for your injuries and losses.
However, in Florida, both drivers may be partly liable. In this case, you may wonder – “Can I file a lawsuit against both drivers?”
The short answer is yes. The longer (more complicated) answer is that a few considerations may apply to your claim or lawsuit as an injured passenger. It is in your best interest to speak to our car accident lawyers at Zimmet & Zimmet to find out your rights and options.
Florida Car Accident Injury Claims
You must prove liability to file an insurance claim after an accident. Many car accidents involve situations and elements that make it challenging to determine fault.
Determining fault is usually the job of the police or insurance company. These parties will assign fault percentages if both drivers are found liable.
Being injured as a passenger in a Florida car accident can be scary. In these situations, you are unlikely to have liability in the incident. You may also be able to recover compensation for your injuries, regardless of which driver is liable. The fault percentage each driver is given will determine the amount of compensation you are entitled to.
Filing an At-Fault Passenger Accident Claim
When an injured passenger files an insurance claim for a car accident, it is called a third-party claim. While it has a different name, the claims process is the same as it would be for the driver. The only difference in this situation is that a passenger can file third-party insurance claims against both drivers if they share liability. If liability is not shared, only one lawsuit can be filed.
Florida is a No-Fault Accident State
As a no-fault accident state, all Florida drivers must have personal injury protection (PIP) as part of their insurance coverage. If you are riding as a passenger in a vehicle that is in an accident, you can file a claim under the policy for the driver whose car you were riding in.
Your injuries must meet a certain state-established threshold to qualify to file a claim against the other driver. If they do not, you will be barred from doing this.
What if Several Passengers Are Injured?
If several passengers were injured in an accident, filing a personal injury claim might be hard. For example, if a driver rear-ends a vehicle with three passengers in it, and everyone is injured and files a claim against the negligent driver, there could be issues. For example, the value of the at-fault driver’s insurance policy may not be sufficient to cover all passengers and all injuries. In these situations, the injured passengers may have to settle for less than what their injuries and losses require.
Everyone filing a claim means it will be from the same policy and the same source of financial compensation. More than one claim can trigger a lawsuit to determine what each passenger should receive.
Types of Compensation Injured Passengers Can Recover
You may be able to recover several types of compensation after a Florida car accident. Injured passengers (just like drivers) can recover economic and non-economic compensation, like the following:
- Medical costs related to the accident
- Lost wages, bonuses, benefits, and tips
- Loss of companionship
- Mental and physical pain and suffering
- Costs related to lifestyle changes
- Loss of enjoyment of life
- Permanent or temporary disability
The specific damages you can recover after a car accident depend on the situation and your injuries. It is best to speak with car accident attorneys to learn more about the compensation you may be entitled to.
Understand Your Rights as a Passenger in a Florida Car Accident
If you were a passenger when an accident occurred, you have the legal right to file a personal injury claim. As a passenger, in some cases, you can file a claim against the driver of the vehicle you were in and against the driver of the other vehicle.
An investigator can determine which driver is at fault for the accident – or if both drivers share fault – and then you can move forward to pursue compensation from the at-fault driver(s) insurance company. Regardless of who is responsible for the incident, if you sustained injuries in a Florida car accident as a passenger, our car accident lawyers at Zimmet & Zimmet can help you recover fair compensation. Our experienced and knowledgeable legal team will help you recover what you deserve based on the injuries you sustained in the accident.
Contact Zimmet & Zimmet car accident lawyers if you need more information about recovering compensation after sustaining injuries as a passenger during a car accident. We will discuss the details of your case and your rights as a passenger to help you know what the next steps are. Our law firm also works on a contingency fee basis, which means you do not have to pay out of pocket or upfront for our legal services.