As a vehicle passenger, you have the best and worst of both worlds. You’re not in charge of safely maneuvering the vehicle through busy streets, which also means you have very little control over preventing an accident. In other words, you can feel like an observer if an accident occurs.
Did you know that an estimated 681,000 passengers were injured in traffic crashes in 2018? If you’re injured in a car accident, do you know your legal rights?
Vehicle Passengers and Insurance
Florida is a no-fault state, and this can quickly get complicated depending on the situation at hand. No-fault laws state all drivers and passengers, regardless of who caused the accident, must file a claim with their insurance providers.
For drivers, this is relatively simple; they simply contact their auto insurance company—but what about passengers? What do they need to do? Well, if the passenger is also the vehicle owner, then their car insurance policy kicks into effect. If the passenger isn’t the vehicle owner, the bodily liability portion of the car owner’s insurance should cover expenses relating to their damages.
Since all drivers in Florida must carry insurance, the PIP (personal injury protection) part of the policy should cover everyone in the vehicle.
How to File an Injury Claim as a Vehicle Passenger
PIP is a start since personal injury protection will cover medical expenses, but sometimes it’s not enough. These policies have limits that are often below your total medical costs, but this doesn’t mean vehicle passengers are stuck with the remaining costs.
Passengers can file a claim against the at-fault driver, but they must meet a few requirements:
- The injury results in a disability lasting for at least 90 days (three months)
- You suffer broken or fractured bones
- A bodily function or system is severely limited due to injuries sustained in the accident
- A body part or organ is permanently limited in function. This also includes amputations
If you meet one or more of the above listed qualifications, you may be able to pursue an injury claim against the other driver’s insurance provider. However, you must also prove the other driver was negligent at the time of the accident. In other words, the driver’s actions are directly responsible for causing the vehicle collision.
Thankfully, proving negligence usually isn’t too difficult, since the police accident report typically lists the at-fault driver and the accident cause. You can pick up a copy of the accident report, usually within a week from the local police station.
Along with the official police report, witness statements can also help support your negligence claim—and don’t forget about the driver of the vehicle you’re riding in. Their testimony can also be crucial in supporting your claim as a passenger.
Can a Passenger Be the At-Fault Party
Vehicle passengers often have an easier time proving negligence than drivers since their personal injury claims tend to have a higher success rate than those of drivers.
Remember, as a passenger, you’re often considered a passive observer. The driver is the one in control of the vehicle, so the driver must prove the other vehicle is at fault.
Passengers are rarely blamed for a vehicle accident, but it can happen. Sometimes, the actions/behavior of a passenger is found to be the direct or partial cause of the accident.
Some of the actions and/or behaviors that can make a passenger the at-fault party include:
- Not wearing a seatbelt, even after being asked by the vehicle owner
- Knowingly riding with an impaired driver. This includes intoxication from drugs, alcohol, medicine, and even a medical condition
- Informed the driver the road is safe to clear when it’s not
- Purposefully distracting the driver
Some of these behaviors/actions are more difficult to prove than others. In some instances, it may come down to who’s statements are more believable. However, proof is a requirement before a passenger can be blamed for causing the accident.
For example, the accident report may list a passenger violation for not wearing a seatbelt. The report provides the necessary proof. However, it’s a little more difficult to prove distracting behavior or show a passenger willfully provided a driver with poor instructions.
If you’re found to be at fault, even partially for the accident, it can affect your personal injury claim. Your claim may be reduced by the percentage of your fault or denied. An example of partial blame is if you’re 40% responsible for the vehicle accident, your settlement may be reduced by the same percentage.
Filing a Claim Against the Driver of the Vehicle You’re Riding In
Hopefully, you don’t need to sue the driver of the vehicle you’re riding in. If the driver is a close friend or family member, your lawsuit can place a significant strain on your relationship. In some vehicle accidents, it’s necessary to file a claim against the driver if you want to cover all of your medical expenses.
There are exceptions to suing the vehicle’s driver. The driver must be responsible for causing the accident. You can’t file and win a claim against the driver If they’re not the responsible party. Your personal injury suit must be against the at-fault driver. You’ll need to prove negligence to win a settlement against the driver’s insurance company.
Along with suing for medical expenses, you can also claim property damage and lost wages, if applicable. Even if you’re not the vehicle’s owner, you may still be able to claim damages if you lose property in a vehicle accident. Your property can be anything from a mobile device to fine jewelry that disappeared.
To support your personal injury claim, you’ll need to supply medical records, bills, receipts, and pay stubs. Your personal injury attorney will go over the list of documents you need to support your case.
Passengers Have Rights If They’re Injured in a Car Wreck
As a passenger, you may not have control over the vehicle but this doesn’t mean you don’t have rights. If you’re injured, as a passenger, in a car accident you can sue for damages.
Who you file suit against depends on a few factors, this also applies to what damages you can claim. To ensure your rights are protected, contact a personal injury attorney if you’re the victim of a car accident.
