Mike Hancock is the founder of Hancock Injury Attorneys, a former insurance defense attorney, and an AV-Preeminent–rated lawyer by Martindale-Hubbell, with over 35 years of experience practicing personal injury law.
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.
If you are a passenger in a car accident, 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.
Video transcript:
My name is Kaimonne D. and I'm a client of Hancock Injury Attorneys Law Firm. Hancock Injury Attorneys Law Firm did a fantastic job from the accident to seeking medical help. They basically made me feel like they care about me more than just the money. If I was y'all I would go with Hancock Injury Law Firm. I highly recommend it if you're involved in an accident, a car accident or any kind of accident, go with Hancock Injury Law Firm.
Steps to Take Immediately After Being a Passenger In A Car Accident
If you are a passenger in a car accident, 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?
If you are a passenger in a car accident in Florida, understanding how PIP insurance words can help you determine what coverage may be available to pay for your medical expenses and other accident-related losses.
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 in a car accident, 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, as a passenger in a car accident, you typically don’t need to file a personal injury lawsuit.
However, if you are a passenger in a car accident and 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
If you are a passenger in a car accident and suffer injuries because of another person's negligence, you may be entitled to pursue compensation for the losses caused by the crash. The compensation depends on the specific facts of your case, the severity of your injuries, the insurance coverage available, and who was responsible for causing the accident.
Depending on the circumstances of your case, you may be entitled to various types of compensation.
Economic Damages
Economic damages help compensate you for measurable financial losses related to your injuries as a passenger in a car accident.
These cover measurable financial losses may include:
- Medical Expenses: Compensation for emergency room visits, hospital stays, surgery, diagnostic testing, medications, physical therapy, rehabilitation, and other necessary medical treatment. You may also be able to pursue compensation for reasonably anticipated future medical expenses related to your injuries.
- Lost Wages: If your injuries prevent you from working, you may be entitled to compensation for income you lost while recovering from the accident.
- Loss of Earning Capacity: If your injuries permanently affect your ability to work or earn the same income you earned before the accident, you may be entitled to compensation for your reduced future earning capacity.
- Property Damage: If personal belongings, such as a cellphone, laptop, or other property, were damaged or destroyed in the crash, you may be able to seek compensation for those losses.
Non-Economic Damages
Non-economic damages address non-financial impacts, such as physical and emotional impacts of an accident.
Depending on the circumstances of your case, non-economic damages may include:
- Pain and Suffering: Compensation for the physical pain, emotional strain, discomfort, and suffering caused by your injuries and treatment.
- Emotional Distress: Compensation for emotional or psychological effects related to the accident, which may include anxiety, depression, fear, or post-traumatic stress.
- Loss of Enjoyment of Life: Compensation for the ways your injuries prevent you from participating in activities you once enjoyed prior to the accident. These may include hobbies, activities, social events, or other aspects of life you enjoyed before the accident.
- Loss of Consortium: If you were a passenger in a car accident, the accident may have had an impact on your relationship with a spouse or family member. In certain circumstances, a spouse may have a claim for the impact an injured person's injuries have on the marital relationship.
Punitive Damages
In rare cases, such as accidents caused by drunk or reckless driving, a passenger in a car accident 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. An experienced car accident attorney can investigate the accident, determine who may be at fault, identify available insurance coverage, and help you pursue the compensation you are entitle to receive.
The experienced legal team at Hancock Injury Attorneys is here to help you explore your options and seek fair compensation.
Call 813-915-1110 today, or contact us online, to schedule your free consultation with one of our attorneys.