Can I Sue If I Was A Passenger In a Car Accident?
Yes. As an injured passenger, you can sue the party that caused the car crash, but only under certain circumstances. This is because Florida follows the no-fault auto insurance laws, which can substantially limit your legal options for compensation. In no-fault states, vehicle owners and drivers are legally obligated to have no-fault insurance known as personal injury protection (PIP) coverage.
PIP insurance covers medical bills, loss of wages, and related accident expenses for the driver and their passengers, no matter who caused the crash. For injured passengers, the coverage may come from the driver of the vehicle you were riding in or another driver involved in the collision. Essentially, you have the same legal rights to recover compensation and hold the negligent party liable for their actions as drivers who have been injured in accidents due to another’s actions.
To help ensure you make a full financial, physical, and mental recovery after getting injured in a crash, consult with a credible Clearwater, FL, car accident lawyer to better understand your situation and determine your possible compensation sources.
You May Sue As An Injured Passenger in a Clearwater, FL, Car Accident
Florida’s no-fault auto insurance laws allow injured passengers to receive medical attention and pay for urgent expenses after a crash. On the other hand, they also include restrictions on a victim’s ability to sue the liable party for emotional distress and other associated damages unless the injured victim meets certain conditions. For instance, to pursue compensation for non-economic damages, such as actual and mental suffering and pain, your injury must meet the state’s serious bodily injury threshold.
Under state law, serious bodily injury refers to potentially fatal physical conditions, significant disfigurement, dismemberment, or permanent loss of an organ function or body part. Unfortunately, these life-changing injuries often result in a reduced quality of life, or worse, death. The best way to understand your claim and determine whether you can sue the party that injured you is to talk to a Clearwater, FL, car accident attorney as soon as you can.
Your Other Compensation Options As An Injured Passenger in a Clearwater, FL, Car Accident
Your avenues for compensation may extend beyond no-fault auto insurance. These can include:
The Driver’s PIP Coverage
As their passenger, the driver of the vehicle you were riding in when the crash occurred should cover your accident-related costs up to their PIP coverage limits.
Your Applicable Insurance Policies
If your medical expenses exceed the policy limits of the driver’s PIP benefits, you can turn to your health insurance provider to cover the remainder of the costs.
The Liable Driver’s Insurance Policy
You may be able to sue the negligent driver for compensation if you meet the state’s serious bodily injury threshold. This is particularly important if the PIP coverage that applies to you has been exhausted and you require more money for your treatment, rehabilitation, and missed work days.
You Can Sue Third Parties
Depending on your case, you may sue a third party who caused or contributed to the crash. For instance, you can sue the government entity tasked to properly maintain the road if poor roadway conditions cause the crash.
Let Our Seasoned Clearwater, FL, Car Accident Attorney Serve You
Protect your legal rights as an injured passenger and evaluate your compensation options with help from our Clearwater, FL, car accident lawyer. Call Tragos, Sartes & Tragos or reach us online for your free consultation.