Unfortunately, car accidents occur every day, and they can impact more than just the drivers involved. In Florida, a passenger injured in a car accident can file a claim for damages. If you have been injured as a passenger in a car accident, you might wonder if Florida’s no-fault rules apply to your situation. While the no-fault rules do apply, there are a couple of extra rules that apply particularly to passengers of accidents.
Depending on the particular circumstances, the law can get complicated quickly, which is why it helps to understand the basics of your rights before deciding how to proceed.
Your Rights as a Passenger in a Car Accident in Orlando, Florida
If you are seeking damages as an injured passenger, you may file a claim against one or more of the operators of the vehicles involved. How do you know if you should file against the driver of the car in which you were riding or the other driver involved in the accident? This will depend on the circumstances. Florida’s Personal Injury Protection (PIP) insurance allows anyone injured in a car accident to receive up to $10,000 in medical and lost wage benefits, regardless of who caused the crash, since Florida is a no-fault state.
If your injuries are severe enough to meet Florida’s “serious injury” threshold, you may also be able to pursue a claim against the at-fault driver for damages beyond what PIP covers, including pain and suffering. As a passenger, you are not limited to filing against just one driver if more than one party may have contributed to the crash.
Contact an Experienced Orlando Car Accident Attorney at Wooten, Kimbrough, Damaso & Dennis, P.A.
Getting into a car accident as a passenger can leave you feeling hopeless and unsure of how to move forward. With the help of an experienced Orlando car accident lawyer, you can receive reasonable and professional advice on how to make sure your rights are protected. Wooten, Kimbrough, Damaso & Dennis, P.A. is here to help. If you have been seriously injured as a passenger in an accident, our team can help you understand your options and pursue the compensation you deserve.
Frequently Asked Questions About Passenger Injury Claims in Florida
Can I file a claim against the driver of the car I was riding in?
Yes. As a passenger, you can potentially file a claim against the driver of the vehicle you were in, the other driver involved, or both, depending on who was at fault.
What does Florida’s PIP coverage provide for passengers?
PIP provides up to $10,000 in medical and lost wage benefits regardless of fault, though your ability to pursue additional damages depends on meeting Florida’s serious injury threshold.
What counts as a “serious injury” in Florida?
Florida law generally defines serious injuries as significant and permanent loss of an important bodily function, permanent injury, or significant scarring, among other criteria that an attorney can help evaluate.
Do I need my own insurance to file a passenger injury claim?
Not necessarily. As a passenger, you can generally seek PIP benefits and pursue claims against the at-fault driver’s insurance regardless of whether you personally carry auto insurance.
How long do I have to file a passenger injury claim in Florida?
Florida’s statute of limitations for most personal injury claims applies to passengers as well, so it’s important to consult an attorney promptly to understand your specific deadline.
Legally Written and Reviewed by a Managing Partner
Wooten, Kimbrough, Damaso, and Dennis, P.A.
Our content is written and reviewed by our founding attorneys Butch Wooten, Orman Kimbrough, Mike Damaso, and Tom Dennis. Helping the injured since 1966, they’ve successfully handled thousands of personal injury cases across Florida. Whether you’re a Florida resident or an out-of-state visitor injured in Florida, we’re dedicated to providing clear and reliable information to help you navigate your legal options confidently.