When you are a passenger in a car accident and have been injured, you may wonder how your injuries and losses will be covered. Everyone knows that the driver is covered either by their own insurance or the other party’s insurance if they caused the accident. But what about the passenger?
Does A Passenger In A Car Accident Have Rights?
If you are a passenger in a car accident, Florida law allows you to claim compensation. The party responsible for that claim will be determined by who is found at fault for the accident.
The Driver of Your Vehicle Is Responsible
When you ride in a vehicle as a passenger, the driver has a responsibility to you as the passenger to drive following the law and in a safe manner. If you are involved in an accident, and the driver of the vehicle that you are in is responsible, you will make a claim against their PIP policy for coverage of your medical expenses and financial losses.
If the PIP policy does not have enough coverage for your losses, you may be able to file a personal injury lawsuit. If this is the case, you will need to speak with a personal injury attorney.
The Other Driver Is Responsible
If the other driver is found responsible for the accident, you will make a claim for compensation against their insurance company. If their coverage is not high enough to cover all of your losses, you will need to file a personal injury lawsuit against them to make a recovery.
How Much Can A Passenger Get In A Car Accident?
If you have been injured in a car accident, it is not unusual to want to know “how much money can a passenger in a car accident get in compensation?” The answer to that question is complex.
A passenger injured in an auto accident is entitled to receive different forms of compensation, just like the driver. However, since every accident is different and every injury is unique, the amount of compensation you will receive will vary based on the facts of your case.
An injured passenger in car accident compensation may include one or more of the following:
All costs for the medical care you receive will be included in your compensation. This will also include any future medical care that you may need to treat your injury. All personal injury claims will include medical costs as part of their compensation package.
Lost Income and Benefits
Any income or work-related benefits that you lost due to not being able to go to work because of your injury will be included as part of your compensation. This will vary from person to person.
Future Earnings Capacity
If you cannot return to your job due to your injuries, or if you can only return at a limited capacity, your attorney will seek compensation for lost future earnings and benefits. This only applies if you cannot return to work.
If your injury has caused you to have expenses directly associated with the accident, you may be able to claim these costs as part of your compensation. This may include expenses such as paying for services you could not perform like lawn care or housekeeping, costs to change your home or car to accommodate your injury or expenses related to medical equipment.
Pain and Suffering
This type of compensation is unique to each person. Your attorney will explain if you can seek damages for pain and suffering and how much would apply to your case.
Loss of Companionship and Services
Injuries that change the way that you have to interact with your immediate family may qualify for compensation. Since this is based on each case individually, you will need to talk with your attorney to determine if this type of compensation applies.
There may be additional types of compensation available for passengers in car accidents. Your injury attorney will discuss all forms of compensation you are entitled to based on the facts of your case.
When Should A Passenger In A Car Accident Claim Be Filed?
Time is always of the essence when you need to file a personal injury claim. You should speak with a personal injury attorney as soon as possible after an accident occurs. This protects your rights as a victim of a car accident and helps ensure that the insurance company treats you fairly throughout the process.
Florida laws require that any personal injury claim be filed within two years of the actual event. However, it will always be in your best interest to speak with an attorney promptly.
If you or a loved one was in a Florida car accident, you should speak with an attorney as soon as possible to ensure you get the compensation you deserve. The attorneys at Landau Law offer free and confidential case consultation. Contact us today!