Passenger injury claims refer to situations where passengers are injured in a car accident and seek compensation. These claims can be complex, and it’s essential to understand the legal process involved in pursuing them. In this article, we’ll answer some of the most frequently asked questions about passenger injury claims in Florida.
1. Are passengers covered by car insurance?
In Florida, car insurance policies are required to include Personal Injury Protection (PIP) coverage. PIP coverage benefits anyone injured in a car accident, including passengers. PIP coverage can cover medical expenses, lost wages, and other related expenses.
In addition to PIP coverage, passengers may also be covered by the driver’s liability insurance. Liability insurance provides coverage for damages resulting from a car accident, including passenger injuries. It can be essential if the accident results in damages or injuries.
2. Can passengers sue the driver of the same car?
In Florida, passengers have the right to sue the driver of the same car if they are injured in a car accident, known as a third-party claim. To pursue a third-party claim, the passenger must prove that the driver’s negligence caused the accident and resulting injuries.
If you are considering pursuing a third-party claim, seeking legal advice from an experienced personal injury attorney is essential. They can help you navigate the complex legal process and negotiate with the insurance company on your behalf. Negligence can include speeding, running a red light, or driving under the influence of drugs or alcohol.
3. If the driver is a relative, can the passenger sue them?
Passengers can use a relative driving the car if injured in a car accident. However, this situation can be difficult and strain family relationships. It’s important to remember that the purpose of a lawsuit is to seek compensation for the injuries sustained in the accident, not to punish the driver. If the driver has insurance, the passenger may be able to seek compensation from the insurance company rather than the driver directly.
4. Can passengers file an uninsured motorist insurance claim?
Passengers could file an uninsured motorist insurance claim if the car driver they were in were uninsured or underinsured. Uninsured motorist coverage benefits people injured in a car accident caused by an uninsured driver. Underinsured motorist coverage helps people injured in a car accident caused by a driver whose insurance coverage is insufficient to cover the damages sustained. In either case, the passenger can seek compensation from their insurance company.
5. Can a passenger hurt while working claim with the employer’s UM insurance?
Suppose a passenger is injured in a car accident while on the job. In that case, they may be able to file a claim with their employer’s uninsured motorist (UM) insurance, benefitting employees injured in a car accident while on the job. To file a claim, the passenger must be able to prove that the accident occurred during their employment which can include situations where the passenger was driving a company vehicle or when they were in a car being used for work purposes.
The Compensation for Personal Injury Claims
Personal injuries can significantly impact your life, which is why it is vital to seek compensation for your losses. When you file a personal injury claim, you can seek compensation for various damages, including medical expenses, lost income, and property damage.
1. Damages
Damages refer to the monetary compensation awarded to an injured party for their losses. There are two types of damages: economic and non-economic. Economic damages, such as medical expenses and lost income, can be quantified financially.
Non-economic damages, on the other hand, cannot be readily quantified in monetary terms, such as pain and suffering, emotional distress, and loss of consortium. It is important to note that non-economic damages are just as crucial as economic damages in personal injury cases.
2. Medical Costs
Medical costs can be one of the most significant expenses incurred due to a personal injury. Medical prices include hospital bills, doctor’s fees, prescription drugs, and physical therapy. In most cases, the injured party can seek compensation for all of their medical expenses related to the injury, including future medical fees.
3. Psychological Trauma
Psychological trauma can be just as debilitating as physical injuries and can have long-term effects on the injured party’s well-being. Compensation for psychological trauma can include damages for emotional distress, anxiety, depression, and post-traumatic stress disorder (PTSD).
In some cases, the injured party may also be entitled to compensation for loss of enjoyment of life due to the psychological trauma they have suffered. They may feel uncomfortable participating in activities they once enjoyed or may not have the energy or motivation to engage in them.
4. Lost Income
Lost income refers to the wages and other benefits an injured party has lost due to their injury, including lost wages from missed work and lost earning capacity if the injury prevents the injured party from returning to their previous occupation.
Aside from physical pain and emotional distress, the injured party may suffer financial losses. In some cases, the injured party may also be entitled to compensation for lost benefits, such as health insurance or retirement benefits.
5. Property Damage
In addition to personal injuries, accidents can also result in property damage. Property damage can include damage to vehicles, homes, and other personal property. The injured party can seek compensation for repairing or replacing their damaged property.
If you have been involved in an accident that caused property damage, gathering as much evidence as possible is essential. Take photographs of the damage to your property and any other property involved in the accident. Gather contact information from any witnesses to the accident, and get the police report.
Conclusion
Passenger injury claims can be complex, but it’s essential to understand the legal process involved in pursuing them. In Florida, passengers are covered by PIP and liability insurance, and they have the right to sue the driver of the same car if they are injured in an accident.
Passengers can also file uninsured motorist insurance claims and claims with their employer’s UM insurance if injured. Suppose you’ve been injured in a car accident as a passenger. In that case, it’s essential to seek the advice of an experienced personal injury attorney who can help you understand your rights and pursue the compensation you deserve.
If you or someone you know has been involved in a car accident in Tampa, you need the help of the best car accident lawyers. At The Law Offices of Christopher DeBari, we understand the impact a car accident can have on your life. We are committed to helping you get the compensation you deserve. Our experienced injury attorney, Chris DeBari, has been helping clients for years and is dedicated to providing you with the best legal representation. Call us now and begin the process of protecting your legal rights.
