Injury claims for passengers differ significantly from the potential claims of drivers when involved in an auto accident. Florida uses a “no fault” insurance system that allows additional medical coverage for some who have appropriate insurance, and passengers have an advantage over drivers to some degree. Drivers injury claims are still discounted by their comparative negligence percentage. However, passengers rarely have any personal fault percentage, but whole damages may require using all avenues of compensation available.
Personal auto policy PIP
Florida’s no-fault system is designed to allow drivers who were also passengers in auto accidents to file initial medical claims with their auto insurance company. The personal injury protection rider on their policy allows them to file for benefits. Also know as PIP, it will allow for immediate treatment of injuries as a first option.
File with the driver’s company
The second option is filing a claim with the auto insurance carrier for the involved driver of the vehicle in which they were riding. Injured passengers are typically covered in car crashes based on established liability law.
File a lawsuit against a negligent driver
Even though coverage is in place for a passenger in a specific vehicle based on the driver’s policy, injured passengers with extensive medical issues can file a lawsuit in a Florida court against a primarily “at fault” driver of another vehicle. This may actually be necessary for whole damages when the injuries are serious. However, the court system must evaluate the material evidence and approve the case first before litigation is allowed to continue.