Updated: Feb 14
If you have ever been in an accident as a passenger, you may wonder what are my rights. Well, you may be eligible for compensation. Let's go over some of those instances so you know what the case may be.
A Few Factors to Consider:
#1: Injury Thresholds
As we have discussed in many other posts, Florida is a no-fault state. Therefore, every individual by law is required to carry the minimum Personal Injury Protection (PIP) amount. That means when you file a claim, you go through that coverage before anything else. But PIP is limited and usually only covers about 80% of your medical bills, if the injury isn’t too serious and about 60% of your wages. It may not fully cover or give you the support you need post-accident. The good news is as a passenger, you do not need to prove fault. In fact, if you meet the injury threshold, you may be entitled to liability coverage from the at-fault party.
Meeting the Threshold
If you are a passenger in an accident, you can pursue a claim against the person/s who caused the accident. This could be, but is not limited to, the person driving the vehicle you were in, another driver that caused the crash, etc. The injuries you sustained from the accident must be serious to meet the threshold.
#2 Proving Liability
Proving liability is unfortunately your job as the passenger. In order to file a negligence claim, there are quite a few things you would have to prove, such as:
The other party was supposed to be driving responsibly
The police report from the accident
The party breached duty of care which was a direct cause of the accident
You sustained damages because of that breach of care.
#3 The Amount you will receive
This, like any other case, is dependent on the circumstances. Damages can be both emotional and or physical. Therefore, it is your responsibility to prove your damages. They may even call in an expert to assess and calculate the damages. Therefore, all documentation of damages can help increase your chance of gaining the compensation you deserve.
#4 The Availability of Coverage
The amount of compensation you receive is dependent upon the at-fault parties coverages. Florida, as a state, does not require drivers to have liability insurance. Therefore, without the driver of your vehicle having uninsured motorist protection, you may receive nothing for your claim.
#5 Call a Personal Injury Attorney
You are going to want someone who will walk you through every step of the process and be able to assess your case and determine what route will lead to the best outcome. Our team of accident attorneys here at Demesmin and Dover law firm are here to help ensure that you get the compensation you deserve. We work with you every step of the way and let you know what options are available to you.