A car accident can be traumatic for both the driver and the passengers. An injured passenger in a car accident may have lingering questions, such as, Do I have rights to claim damages as a passenger? Are my claims possibly diminished because I was not the driver? While much of the attention in an accident can go to a driver, injured passengers can also seek legal help. Under Florida law, injured passengers have a right to pursue legal remedies in the form of damages; however, the law can become complicated under certain circumstances. If you were injured as a passenger in a car accident, you should contact a personal injury attorney as soon as possible.
Passenger Accident Rights in Boca Raton, Florida
If you were a passenger in a car accident, you most likely will need to file a claim against a driver to recover compensation for your injuries. How do you know whether to file a claim against your driver or the other driver involved in the accident? This will depend on the circumstances. Florida’s Personal Injury Protection (PIP) insurance minimum allows anyone injured in a car accident to file against any driver. If the car belonged to someone who was not the driver, you can even file a claim against the car owner’s insurance. This is true even if the owner was not in the car at the time of the accident.
Florida is a no-fault state; therefore, a passenger can file a claim using their driver’s insurance, even if the driver is not at fault. If the other driver is at fault in a severe crash, you are allowed to make a claim against that driver’s insurance. Depending on the severity of your injuries, you even can sue the driver. If you own your own car, you may be able to file a claim with your own insurance company.
If you need assistance deciding against whom you should file a claim, you should talk to a professional and experienced personal injury lawyer local to Boca Raton.
Other Rules Concerning Passengers Injured in Car Accidents
If you are a resident relative to the driver, you will not be allowed to file a claim against the driver. You will have to make a claim against the other driver’s insurance.
Due to how the courts handle vehicle accidents in Boca Raton, it might be easier to recover damages as a passenger than as a driver. In Florida car accident cases, you have to prove that a driver other than yourself was negligent in order to be entitled to compensation for medical bills and pain and suffering that are not covered by PIP.
Consult with an Experienced Boca Raton Personal Injury Attorney at Baker Legal Team
Filing a claim can be challenging for an injured passenger in a car accident. The best way to move forward through the nuanced and complicated legal process is to work with a professional and experienced Boca Raton personal injury attorney. The attorneys at Baker Legal Team are ready to help you. Robert Baker is a Board-Certified personal injury lawyer with more than thirty years of experience representing clients in Boca Raton and South Florida. If you were a passenger in an auto accident, Attorney Baker has the skills and knowledge to help you obtain a fair settlement.
To schedule a free appointment with one of our knowledgeable attorneys, you can complete our online contact form or call (561) 320-0000.