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As a passenger in a car accident, you have the same rights as the vehicle driver to seek compensation for your injuries. You may be able to file an insurance claim against your own insurance company. However, if the car driver is not at fault, you may make a claim against the other driver's insurance policy.
This recovery involves filing a personal injury lawsuit against the liable driver. You may choose this option if your PIP and UM coverage are insufficient to pay all your medical bills and other accident-related losses. You must demonstrate the uninsured motorist's liability for the accident to win the lawsuit.
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.
Owners Are Responsible for the Operation of Their Cars The State of Florida follows no-fault laws in order to limit the number of personal injury lawsuits. An injured person has to file their claim through their own insurance company first instead of suing the at-fault party for compensation.
Some states limit the amount you can sue for for a car accident. Florida does not. There are no caps on economic or non-economic damages in Florida. The amount must be documented and supported by evidence of damages.
Insurance applies to the vehicle. So, if someone else is driving your car, and they get into a collision, it will be your insurance that will apply. This is because, in Florida, car insurance follows the vehicle first and the driver second.
Some states classify as no-fault states, such as Florida. In these states, all drivers must carry a personal injury protection policy. In a no-fault insurance state, if you travel as a passenger of a vehicle involved in an accident, you may file a claim under the policy of the person who transported you.
Florida Laws and Responsibilities After an Accident Florida law (Section 316.065 of the Florida Statutes) requires all drivers to report accidents if there is a fatality, anyone is injured, or if property damage exceeds $500.