Can a Passenger Sue for a Car Accident in Florida?
When you ride in a vehicle with someone else, you likely don’t expect to be injured in a car wreck. Unfortunately, accidents happen, and when they do, you must determine whom to sue for any damages you suffer. If you don’t file a claim to recover compensation after your collision, you can end up paying significant medical expenses on your own.
Car accident lawsuits filed by passengers can get complex because you may need to recover compensation from multiple parties. If you’re trying to navigate the legal process, an experienced car accident lawyer from The Law Offices of Casey D. Shomo can support you along the way. Hopefully, once you prove negligence and receive the settlement you deserve, you can recover quickly and without added financial strain.
Drivers Assume Responsibility for their Passengers
Drivers assume responsibility for their passengers in Florida car accidents, so you can seek compensation from your driver’s insurance company for any damages you’ve suffered. Because Florida has a no-fault insurance law, all drivers should have Personal Injury Protection (PIP) insurance. This insurance covers injuries suffered by anyone involved in a driver’s wreck, including passengers.
If you file a claim for compensation with your driver’s insurance but your damages are over $10,000, then you can file a lawsuit to recover the rest of your damages. To recover the rest of your damages, you may need to determine whom to sue. If your driver is at fault, you can sue them for any damages their insurance hasn’t already covered, but you can also sue any other liable parties in the collision.
Proving Negligence Against Another At-Fault Party
Your car accident lawyer will investigate your case and use evidence such as witness testimonies, the police report, and photographs to prove negligence. If it’s determined that your driver is 20 percent at fault and the colliding driver is 80 percent at fault, they may both have to pay a percentage of your damages.
Damages You Can Recover as a Passenger in a Wreck
When you seek compensation from a driver’s PIP insurance, you can only recover compensation for your economic damages, such as medical expenses. In a car accident lawsuit, however, you can obtain a settlement for economic and non-economic damages.
Non-economic damages comprise non-financial losses, such as pain and suffering, emotional distress, loss of enjoyment of life, loss of consortium, and scarring and disfigurement.
Reach Out to a Car Accident Attorney
Being the passenger in a Florida car accident adds a new level of complexity on top of the state’s already-complex no-fault system. If you have questions about how to move forward with your claim, you can reach out to an experienced attorney from The Law Offices of Casey D. Shomo. Our team can navigate your claim and help you increase your injury settlement.
To speak with a trusted car accident lawyer, fill out the contact form below or call 561-659-6366 to schedule a no-obligation consultation.