What You Should Know If You’re Injured As A Passenger In A Florida Car Accident

In this article, you can discover…

• Whether you may file a personal injury claim as a passenger rather than a driver.
• How long you have to file a claim after an accident in Florida.
• What to do if the liable party was a friend or family member.

Can I File A Personal Injury Claim As A Passenger In A Florida Car Accident?

Yes, you may file a personal injury claim if you were injured in a car accident while riding as a passenger. There is no law that states that you must have been driving the vehicle in order to file a personal injury claim or seek compensation for your injuries.

What Happens If Both Drivers Share Fault In An Accident Where I Was A Passenger?

Florida law currently follows the rule of contributory negligence. This means that whichever driver is more than 50% at fault for the accident is the only driver who is liable for any injuries that result. For example, if you are injured in an accident where one driver was 70% at fault for the accident while the other driver shared only 30% of the fault, you would file a claim against the driver who was 70% responsible.

Should I Report A Car Accident If I Was Just A Passenger And Not The Driver?

Yes, if you were injured in that accident and need to receive medical treatment as a result of those injuries, you should report the accident. Note that if you own the car that was involved in the accident, regardless of whether or not you were driving, you have an obligation under your insurance contract to report the accident to your insurance company.

How Long Do I Have To File A Personal Injury Claim In Florida?

If you wish to sue the at-fault driver, you have two years from the date of the accident to do so in the State of Florida. If you wish to sue your own insurance company under your uninsured motorist coverage (if you have such coverage), you have five years from the date of the accident to do so.

Attorney Luke Moreau is a knowledgeable, determined personal injury attorney serving Florida. Since 2013, he’s helped clients just like you understand their rights and seek damages when injured in a car accident as a passenger.

Have questions, or in need of legal guidance? Reach out to The Law Offices of Luke T. Moreau, ESQ, for a free initial consultation today.

What Should I Do If I’m Worried About Suing Someone I Care About?

It can be emotionally and personally difficult to file a claim against a friend or family member. But you should keep in mind that the purpose of insurance is to allow a liable party to use their insurance coverage to pay for damages, as opposed to using their own personal finances to do so.

In other words, you are not seeking to take money directly out of the pocket of the person you care about. You are simply trying to collect from their insurance company under the coverage they pay for this very reason.

Just because you care about someone doesn’t mean that you don’t deserve to be compensated for injuries that they have caused you. Having said that, claims against friends and family are often very emotional, complex, and fact-specific.

If you are injured in an accident where a friend or family member was driving, it is best to seek out the counsel of an experienced personal injury attorney as soon as possible. They will then advise you on how to best proceed, given the background and specifics of your case.

Still Have Questions? Ready To Get Started?

For more information on passenger injury car accidents in Florida, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (954) 278-7439 today.