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Due to Florida's no-fault laws, your insurance will pay for your auto repair after an accident you did not cause in Florida. However, if the costs of damages exceed your policy limits, you may qualify to recover additional compensation elsewhere.
In these circumstances, representing both would present a conflict of interest. Where, as here, the passenger may raise a claim against her own driver, the representation of one client will be directly adverse to another.
Cognitive distraction. Even a single passenger can take your attention off the road if you're engaged in an intense discussion with them. Conversations require mental focus and, when they're happening in a car, your focus is stolen from the task of driving.
Liability. Similar to regular accidents, the driver who caused the incident will be held liable for their negligent actions. While driving without a license doesn't necessarily mean you caused the accident, your level of liability may vary should you be the cause of the accident and not have your license.
You could give the closest intersections or nearby businesses if the accident happened on an urban street. Mile markers or exit numbers are sufficient if the crash happened on a rural road or interstate. Other details of the scene include the time, weather and road conditions.
One lawyer cannot look out for the interests of both the driver and the passenger. This is even more so when there is limited coverage available to pay any judgment or settlement that is reached.
If it happens to you, call your insurance company so you get a defense attorney, and call a plaintiff's attorney to explore whether you may have a counterclaim to assert in response to the lawsuit.
The driver whose negligence caused a car accident is responsible for compensating all injured parties. However, a driver is responsible for his passengers after an accident only if his negligence caused the accident. In either case, if you suffered injuries as a passenger, we could help you seek compensation.