Being injured as a passenger in a car accident can leave you feeling confused and overwhelmed. You may not know what steps to take or who is responsible for covering your medical bills. This guide explains what to do immediately after the accident, whom you may file a claim against, and what types of compensation might be available to you.
Steps to Take Immediately After the Accident
If you're involved in a car accident as a passenger, remain calm and follow these important steps:
- Check for Injuries
Make sure you, the driver, and any other passengers are safe. If another vehicle is involved, check on those occupants as well. - Call 911
If no one has already done so, call the police. Stay at the scene and wait for law enforcement to arrive. - Document the Scene
Exchange information with all parties involved. Take photos and videos of the vehicles, the surrounding area, and any visible injuries. - Notify Your Insurance Company
Even though you weren’t driving, inform your own insurance company about the accident and provide any details you’ve gathered. - Get Medical Attention
Some injuries don’t show symptoms right away. Seeing a doctor ensures your well-being and creates a medical record that can support your injury claim.
Who Can You File a Claim Against?
Florida is a no-fault state, meaning your Personal Injury Protection (PIP) insurance will typically cover your medical expenses, regardless of who caused the accident.
Under Florida law, all registered drivers must carry at least $10,000 in PIP coverage, which can apply to:
- The vehicle’s driver
- Household relatives
- Passengers
- Pedestrians struck by a vehicle
As a passenger, you may be covered under your own PIP policy, the driver’s PIP policy, or the at-fault driver’s PIP policy.
When Can You File a Personal Injury Claim?
If the available PIP insurance fully covers your injuries and expenses, you typically don’t need to file a personal injury lawsuit.
However, if your costs exceed PIP coverage limits, you may be eligible to file a personal injury claim. Florida allows two years from the date of the accident to take legal action, giving you time to receive medical care and assess the full extent of your damages.
Compensation Available to Injured Passengers
Depending on the circumstances of your case, you may be entitled to various types of compensation.
Economic Damages
These cover measurable financial losses:
- Medical Expenses: Hospital visits, surgery, therapy, medications, and future treatments.
- Lost Wages: Income lost due to time off work.
- Loss of Earning Capacity: If your injuries affect your long-term ability to work.
- Property Damage: If any of your personal belongings were damaged in the crash.
Non-Economic Damages
These address non-financial impacts:
- Pain and Suffering: Physical pain and emotional strain.
- Emotional Distress: Anxiety, depression, or PTSD.
- Loss of Enjoyment of Life: Inability to participate in activities you once enjoyed.
- Loss of Consortium: Impact on your relationship with a spouse or family member.
Punitive Damages
In rare cases, such as accidents caused by drunk or reckless driving, you may be awarded punitive damages, intended to punish the wrongdoer.
Wrongful Death Damages
If a loved one was fatally injured, surviving family members may be eligible for compensation, including:
- Funeral and burial costs
- Loss of financial support
- Loss of companionship and emotional support
Contact Hancock Injury Attorneys
If you’ve been injured as a passenger in a car accident, you deserve the same legal protections as a driver. The experienced legal team at Hancock Injury Attorneys is here to help you explore your options and seek fair compensation.
Call 813-915-1110 or contact us online to schedule your free consultation today.