If you were injured in an auto accident as a passenger in Florida, what are your legal rights? This is a critical question. Accident-related injuries can prove incredibly expensive, and you shouldn’t have to bear the costs of someone else’s mistake on your own. Fortunately, passengers’ rights are clear, and you can hire a Florida personal injury lawyer to assert your rights at no out-of-pocket cost.
With that said, there are no guarantees. Even if you are clearly entitled to financial compensation for your accident-related injuries, you still need to convince the insurance companies to pay what they owe. It is up to you to take action, and you will need to work closely with your lawyer to make sure the insurance companies treat you fairly.
Passengers’ Legal Rights in Florida: What Auto Accident Victims Need to Know
What do you need to know about asserting your legal rights as a passenger in Florida? Here are seven important facts about seeking just compensation as a passenger after a serious auto accident:
1. If You Have Auto Insurance, You Can Use It
Even if you were riding as a passenger in someone else’s vehicle, you can use your auto insurance to help cover the costs of your accident-related injuries. Minimally, this means taking advantage of your personal injury protection (PIP) coverage. This is “no-fault” insurance that applies whenever you get injured in a collision. If necessary, and if you have it, you can file a claim under your uninsured/underinsured motorist policy as well.
2. You Can Hold the At-Fault Party Accountable
Just like if you were driving, you can hold the at-fault party fully accountable for your accident-related injuries, provided that they are serious enough to warrant a claim outside of PIP. You can file a claim against anyone (or any company) that is responsible for the accident, including the driver of the vehicle in which you were riding. Even though liability insurance is optional for most drivers in Florida, many individuals (and companies) pay for this coverage voluntarily. As a result, in most cases, filing a claim as a passenger involves dealing with the at-fault party’s insurance company.
3. Special Rules Apply in Cases Involving Uber and Lyft Vehicles
If you were injured while riding in an Uber or Lyft vehicle, then special rules apply. Rideshare drivers and rideshare companies are subject to enhanced auto insurance requirements under Florida law. While seeking just compensation for a rideshare accident usually involves dealing with the driver’s insurance company, if necessary, your Florida personal injury lawyer can file a claim with Uber or Lyft’s insurer.
4. The First Step is to Identify the Party (or Parties) Liable for the Collision
Regardless of the specific type of claim you need to file, the first step toward asserting your legal rights as a passenger is to identify the party (or parties) that are liable for the collision. This involves hiring a Florida personal injury lawyer to investigate the collision right away. Your lawyer will gather as much evidence as possible, and then your lawyer will use this evidence to determine where he or she can seek just compensation on your behalf.
5. The Next Step is to Seek the Financial Compensation You Deserve
Once you know what claim (or claims) you need to file, the next step is to seek the financial compensation you deserve. This, too, requires experienced legal representation. Your lawyer will deal with the appropriate insurance company (or insurance companies) on your behalf, keeping you updated and informed throughout the process.
While we’re referring to this as a single “step,” it is important to understand that the process of seeking just compensation after a serious auto accident takes time. This is true for drivers and passengers alike. Dealing with the insurance companies could take weeks or months, and while most claims settle, it may be necessary to assert your legal rights at trial.
6. Evidence is the Key to Asserting your Rights Effectively
Regardless of what it takes to assert your rights effectively, evidence is the key to recovering just compensation as an injured passenger. Not only do you need evidence to prove who (or what company) is responsible for your accident, but you also need evidence to prove how much you deserve to recover.
If you have a claim outside of PIP, you are entitled to just compensation for all of your costs resulting from the collision. These include your medical bills, lost wages, and pain and suffering—among other financial and non-financial losses. But recovering just compensation for each of these requires evidence. This includes not only evidence of the losses you have incurred to date but also the losses you will incur in the future. Thorough documentation is critical; and, in addition to keeping your medical and employment records, you should also document your pain and suffering on a daily basis.
7. You Can Hire a Lawyer at No Out-of-Pocket Cost
As we said in the introduction, you can hire a Florida personal injury lawyer to represent you at no out-of-pocket cost. This is known as contingency-fee representation. When you hire a lawyer to help you seek just compensation after an auto accident, you should not have to pay anything unless your lawyer wins your case.
Winning your case could mean either obtaining an insurance settlement or securing a favorable verdict at trial. In either scenario, your legal fees will be calculated as a percentage of your financial recovery. If your lawyer’s efforts to assert your legal rights as a passenger are unsuccessful for any reason, you will owe nothing.
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