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Can Passengers File a Personal Injury Claim In A Sarasota Car Accident?


Car drivers are not the only ones we should be thinking about when talking about car accidents. Passengers that are present during the accident can also sustain injuries following a car crash, from minor scratches to life-threatening wounds. Depending on the gravity of their injury, passengers can be indisposed for long periods. Nevertheless, according to Florida Law, car passengers who have been involved in a car accident are allowed to file for a personal injury claim.

If often find yourself in the passenger’s seat, here are the things you need to know:

Personal Injury Protection – Even when you are not the one behind the wheel or the owner of the involved vehicle, passengers are still covered by Florida’s mandatory Personal Injury Protection (PIP) insurance. The PIP is designed to cover the medical expenses of anyone who are involved in an auto accident according to Florida law, whether you are the driver, a pedestrian, or a passenger.

In some cases, passengers have no PIP insurance given that they do not own a vehicle of their own. When this happens, they will be covered by the PIP insurance of someone from their family. If no one in the family also has PIP, the passenger can thus file a claim on the insurance of the host driver.

Passenger VS Driver – The PIP only covers medical expenses and no other damages like lost wages. As for the other damages, passengers can file a claim against the drivers. In this case, the damages will be covered by the driver’s own insurance coverage. Passengers are also allowed to file a claim against both drivers who are involved in the accident. This, of course, can depend on who will be found negligent and thus caused the car accident to happen.

How Can I File A Claim?

Passengers will also need to go through the same process as car drivers when applying for an insurance claim. When you are involved in a car accident, proving a negligent driver’s fault and collecting necessary evidence is a must to win your claim. For passengers who do not have a PIP, things might be a tad more complicated especially when the dispute over liability has not been settled between the drivers.

What Injuries Are Covered By The PIP?

Passengers are not safe from being harmed after a car accident. According to Florida law, injuries that can be covered by the PIP are as follows:

• Permanent injuries such as paralysis, blindness, dismemberment, and other irreversible injuries that cannot be treated and can affect the victim’s daily activities for a lifetime.
• Permanent scarring from big and deep wounds inflicted by the car crash.
• 3Death of the passenger and other persons involved in the auto accident.

Florida has witnessed numerous accidents on the road and passengers are often caught in the negligence of others. As a passenger, you should know how to protect yourself. Getting the help of an auto accident attorney can help you file for a claim to cover your medical bills and other expenses.

Attorney David Goldman has a strong belief that everyone should be treated fairly and those with the means should do what they can to bring justice in all areas of our society. That belief has led him to help Florida's injured from being taken advantage of by corporations and insurance companies. Since 1989 David Goldman has been fighting for the rights of Floridians both as an attorney and by personally supporting our community.

Can Passengers File a Personal Injury Claim In A Sarasota Car Accident?

Goldman Babboni Fernandez
Murphy & Walsh




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