As a Passenger, Can I Sue after a Car Accident?
When you are a passenger in the car, you have very little control over your safety, which can be unnerving. And if you’re injured as a passenger, it can make a bad situation worse. If this is the predicament you find yourself in, seek the skilled legal guidance of an experienced Clearwater car accident attorney.
You May Be Able to Sue, but It’s Complicated
If you were injured as a passenger in a car accident, the good news is that you can seek compensation through the personal injury protection (PIP) coverage of the driver whose car you were in. Every motorist in Florida is required to carry a minimum amount of PIP coverage, and it pays out at the following percentages:
- 80 percent of medical expenses
- 60 percent of lost earnings
PIP does not, however, cover pain and suffering, and if your injuries are serious, you can be left facing considerable out-of-pocket expenses.
Shared Fault
As a passenger in one of the vehicles involved in the accident, you almost certainly bear no responsibility for the accident. The fact is, however, that fault can lie with both of the drivers involved.
For example, if the person behind the wheel of the car you were in is assigned 20 percent of the fault and the other motorist is assigned 80 percent, you’ll need to address any compensation outside of PIP coverage in terms of percentages of loss. As such, you would file a claim for 20 percent of your excess losses through the insurance provider of the driver whose car you were in and would file a claim for the other 80 percent through the other driver’s provider.
It’s important to note here that if the driver of the car you were in is a family member or close friend, you can pay for the related percentage of your losses out of your own pocket and can proceed by seeking compensation for the percentage of losses the other driver is responsible for.
Pursuing Compensation
In Florida, you can go outside the PIP coverage by filing a claim against the at-fault driver or drivers’ insurance coverage if the losses you experience are more serious, which generally means they exceed $10,000. In fact, even a relatively mild accident can lead to injuries and losses that quickly outpace this limitation.
Filing a Lawsuit
Most car accident claims are settled out of court, but if the insurance company – or companies – involved refuse to engage in good faith negotiations, filing a lawsuit may be necessary, and your accomplished car accident attorney will be well prepared to do so.
Make the Call to an Experienced Clearwater Car Accident Attorney Today
If you’ve been injured as a passenger in a car accident, the seasoned Clearwater car accident attorneys at Tragos, Sartes & Tragos dedicate their impressive practice to helping clients like you obtain fair compensation that paves the way toward complete recoveries. We’re here for you, too, so please don’t put off reaching out and contacting or calling us at 727-441-9030 today.