Liability when Passengers are Injured in Auto Accidents
In most accidents, there are two cars and one at-fault driver, which makes liability simple to understand. Under Florida law, those injured by the negligence of someone else can recover damages from that person.
Florida law also requires that each person has auto insurance. Typically, the at-fault driver’s insurance will pay for the damages. However, sometimes things aren’t that simple. What happens if a car crashes due to the driver’s negligence, injuring their passengers?
The law still applies when the passengers are traveling with the at-fault driver. Then that person’s auto insurance will cover injuries and even pay for wrongful death.
Reluctance to Make Claim
But many times, people don’t feel comfortable making a claim against someone who is a friend or another family member. This is understandable, but the truth is, if the driver had insurance, it was just for that reason.
Statistics show that less than three percent of all personal injury claims go to trial. This means that around 97 percent are settled by the insurance company. Chances are you won’t be taking your friend to court.
What If the At-Fault Driver Does Not Have Bodily-Injury Liability Insurance?
Florida’s standard motor-vehicle insurance requirements should not be described as requiring every motorist to carry $10,000 in bodily-injury liability coverage.
Florida generally requires qualifying registered vehicles to maintain the security required by the no-fault law, including Personal Injury Protection and Property Damage Liability coverage. Bodily-injury liability requirements can arise in additional circumstances, and many drivers voluntarily purchase bodily-injury liability coverage.
When an at-fault driver has little or no bodily-injury liability insurance, other potential sources of recovery may include applicable uninsured/underinsured motorist coverage and assets of a legally responsible party.
Which PIP policy applies to an injured passenger depends on Florida’s statutory priority rules and the available coverage. It should not be assumed that every passenger automatically uses a policy in his or her own name.
PIP, Wrongful Death, and Other Damages
Florida PIP does not pay property damage.
PIP generally provides qualifying medical and disability benefits and includes a separate statutory death benefit. It does not replace a liability claim for all damages caused by a wrongful death.
A wrongful-death claim can involve damages governed by Florida’s Wrongful Death Act and available liability or UM/UIM insurance. The coverage available depends on the applicable policies, the decedent’s and survivors’ circumstances, fault, and other facts.
Uninsured/underinsured motorist coverage may provide an additional source of recovery when its statutory and policy requirements are met, but it should not be described as automatically paying every wrongful-death claim.
A Recent Crash
As a tragic example: the driver of a 4-door sedan lost control of the vehicle and crashed, killing all three occupants. The tragic accident happened just after midnight, Wednesday, June 19, 2019, on the John Ringling Causeway in Sarasota. According to the Sarasota Police Department, three teens were traveling westbound on the bridge when the car crashed.
Family and friends converged on the scene and left flowers and stuffed animals to remember their loved ones and support the families in their time of grief. Several friends expressed their dismay and remembered how kind the teens were to other people.
Contact a Tampa Auto Accident Lawyer Today
If you were a passenger in an accident where the driver was at fault, don’t try to figure out the insurance on your own. The personal injury team at RHINO Lawyers knows Florida insurance laws and has a great track record of standing up to them and getting all the coverage the law allows.
RHINO Lawyers is the powerful, results-driven law firm that takes Insurance Companies and Bullies “head-on!” We describe our bold modern approach to “Accident & Personal Injury Law” and “Our Personal Mission” to empower Florida’s families to “Take Charge!” Contact us for a free consultation after an accident resulting in a serious injury.
