When you climb into the passenger seat, your safety depends completely on the judgment and skill of the driver and on every other driver sharing the road with you. If you were injured as a passenger in a car accident in Fort Lauderdale or anywhere in Broward County, you have legal rights. In some cases, your rights are broader than those that injured drivers enjoy.
At Rosen Injury Law, our Fort Lauderdale car accident lawyers have spent nearly 20 years fighting for the rights of accident victims throughout South Florida. We have recovered more than $125 million in compensation for our clients, and we are ready to go to work for you. Call us at (954) 787-1500 or complete the short form on our contact page to schedule a free consultation to discuss your claim.
How Being an Injured Passenger Impacts Your Claim
One of the first things people ask after being hurt as a passenger is who do I file a claim against? The answer is not always straightforward, and it is one of the main reasons why consulting with an experienced attorney can make such a difference in the outcome of your case.
If the driver of the vehicle you were in caused the accident or contributed to it, you may have a claim against that driver and their insurance carrier, even if the driver is a friend, family member, or someone you know well. If the other driver was at fault, you have a claim against that driver and their insurer.
If both drivers share responsibility, you may have valid claims against both. You are not limited to pursuing just one at-fault party.
Since you have no comparative fault of your own, you are not subject to the percentage-of-fault reductions that can limit a driver’s recovery under Florida’s modified comparative negligence rule. Your path to full compensation is typically simpler than that of a driver making a claim after the same accident.
However, there are some challenges. Having a knowledgeable Fort Lauderdale injury attorney evaluate your specific situation from the start ensures you pursue every available source of compensation and helps you secure maximum compensation for your injuries.
How Florida’s Insurance Laws Affect Injured Passengers
Florida’s no-fault insurance law adds a layer of complexity to passenger injury claims that is worth understanding before you speak with any insurance company.
As a starting point, Florida requires all registered vehicle owners to carry at least $10,000 in Personal Injury Protection (PIP) coverage. PIP is designed to provide quick, fault-free compensation for medical expenses and a portion of lost wages.
As an injured passenger, you may be entitled to access PIP coverage through more than one policy, including your own auto insurance policy if you have one, the policy of the driver of the vehicle you were in, or potentially the policy of the vehicle’s owner if that person is different from the driver.
PIP covers 80% of necessary medical expenses and 60% of lost wages up to the policy limit. Still, it does not cover pain and suffering, and it requires that you seek medical treatment within 14 days of the accident to activate benefits. Waiting beyond that window can result in your losing access to PIP benefits entirely.
Once PIP is exhausted, or if your injuries meet Florida’s serious injury threshold, you can pursue a third-party liability claim against the at-fault driver or drivers for the full range of your damages, including pain and suffering. If multiple drivers contributed to the crash, you may have liability claims running against multiple carriers simultaneously.
Some insurance policies contain exclusions or limitations that affect claims between family members living in the same household. At Rosen Injury Law, we will help identify these potential issues early and develop a strategy that maximizes your recovery.
Damages Recoverable For Fort Lauderdale Passenger Injuries
Injured passengers can seek the same types of compensation that any other motor vehicle accident victim. Since passengers typically bear no fault, they are entitled to recover all losses caused by the accident.
As an injured passenger, you could recover economic damages, including current and future medical costs, lost wages, and other financial losses and costs incurred as a result of the accident. You could also recover non-economic damages like pain and suffering, mental and emotional distress, and other intangible losses incurred due to the accident.
In rare cases, you may also be awarded punitive damages. However, punitive damages are only available in Florida when the defendant is guilty of intentional misconduct or gross negligence. For example, if the defendant was driving while intoxicated, punitive damages may be appropriate.
What To Do If You Are Injured as a Passenger in Fort Lauderdale
The steps you take immediately after a passenger injury accident can have a lasting impact on your claim.
Seek medical attention the same day, even if you feel okay. Adrenaline and shock can mask pain, and injuries like internal bleeding and brain trauma often have delayed presentations. Seeing a doctor promptly protects your health and creates the medical record your claim will rely on.
Get the names, contact information, driver’s license numbers, and insurance information of all drivers involved in the crash, as well as the names of any witnesses.
Document the scene with photographs if you are physically able. Include the positions of the vehicles, road conditions, any visible injuries, and the damage to all vehicles involved.
Do not give a recorded statement to any insurance company, including the insurer of the driver you were riding with, before speaking with an attorney. These statements are routinely used to minimize claims, and you have no obligation to provide one before consulting counsel.
Contact Rosen Injury Law as early as possible. Evidence can disappear quickly after an accident if steps are not taken to preserve it. Acting quickly gives our attorneys the best opportunity to build your strongest claim.
Schedule a Free Consultation With a Fort Lauderdale Passenger Injury Lawyer
At Rosen Injury Law, our Fort Lauderdale passenger injury lawyers have the experience, skills, and resources to protect your rights and help you secure maximum compensation for your damages. Call (954) 787-1500 or visit our contact page and schedule a free consultation to discuss your passenger injury claim.