Passenger Personal Injury Claims After A Car Accident

Often times, you may be a passenger in a car. It could be on a bus, in a taxi, in an Uber, in a Lyft, or even in a friend’s car. But, just because you are a passenger does not mean you do not have rights when the vehicle you are the passenger in is involved in a car accident. You do have options to recover, but those options can be limited by who is at fault.

It is imperative that you contact our office, so we can begin the investigation immediately as to who is at fault. We understand that as a passenger in the accident, your liability is most likely non-existent and therefore, you should not be delayed. Your time is valuable, and you deserve answers quickly. We want to provide substantial assistance in finding those answers, so you can just focus on getting healthy once more.

Potential Injuries

Injuries that can occur when involved in a motor vehicle accident, even as a passenger, can be numerous. Some injuries may include:

• Whiplash
• Neck Injuries
• Back Injuries
• Shoulder Injuries
• Bone Fractures
• Concussions
• Traumatic Brain Injuries
• Spinal Cord Injuries

If you have been injured in a car accident, it is imperative that you obtain medical attention immediately. If you fail to obtain medical attention within 14 days, you may not be eligible for some insurance benefits. Even though you may not feel hurt at the time of the accident, you should still be sure to examined by a medical provider just to rule out any potential issues as some injuries do not manifest until days later even though they occurred at the time of the accident.

What Is My Case Based On?

The value of a personal injury claim is based on a variety of factors including but not limited to:

• Percentage of fault
• Injuries sustained
• Amount of property damage
• Amount of medical bills and expenses
• Number of people injured
• Pain and Suffering
• Transportation Costs
• Lost Wages

Our firm is always willing to discuss the merits of your case with you at any time so you can have a full understanding. Although we cannot guarantee a dollar amount, we can guarantee that we will work tirelessly in order to help you obtain the compensation that you deserve.

No-Fault State

If you are injured, there should be $10,000 of Personal Injury Protection Coverage that drivers are required to have under Florida law. We say "should" because some individual do not carry car insurance coverage. Recently it was reported that 1 in 4 drivers in Florida do not have auto insurance.

The Personal Injury Protection Coverage can be used for medical expenses, lost wages, and transportation costs. However, the $10,000 is only used to pay 80% of the claim, you are personally responsible for paying for the remaining 20%. That means if you have $8000 in PIP claims, you are personally responsible for $1600.

Other Party At Fault

If the driver of the other vehicle is at fault, you can make a claim against their Bodily Injury Coverage to pay for the 20% of expenses you are responsible for and any other expenses that exceed the $10,000 of Personal Injury Protection Coverage. But, there may not be any coverage to go after. In Florida, there is no requirement to have Bodily Injury Coverage. The only required coverage is Personal Injury Protection Coverage and Liability Coverage. With that, you can make a claim against an Uninsured/ Underinsured Insurance Policy if it is available or you file a claim against the other party personally.

Driver In Your Car Is At Fault

If the driver of the vehicle you are a passenger in is at fault, you can make a claim against their Bodily Injury Coverage. However as we discussed above, in Florida, there is no requirement to have Bodily Injury Coverage. Still, you can make a claim against an Uninsured/ Underinsured Insurance Policy if it is available or you can file a claim against them personally.

Third Party Coverage

Ridesharing providers like Uber and Lyft as well as taxis and buses often have large policies to cover passengers. Uber and Lyft have corporate policies of $1 million dollars of liability coverage. Uber and Lyft also require that their driver's carry a certain amount of liability coverage in the case of an accident. If you are involved in an Uber or Lyft accident, it is imperative that you contact us immediately so your rights can be properly asserted.

Keep Yourself Covered

Uninsured/ Underinsured Motorist Insurance Coverage gives you coverage when you are injured in a car accident and the individual that hit you, or the driver of the vehicle you are in, either does not have auto insurance or the policy that they have is too small to fully cover the cost of your injuries.  In the event that the at-fault party does have some coverage but it is not enough, Uninsured/ Underinsured Motorist Insurance Coverage stacks on top of the at-fault party’s Bodily Injury Coverage giving you an even better chance of getting the care you need. You can purchase Uninsured/ Underinsured Motorist Insurance Coverage from your insurance carrier. It is imperative that you protect yourself as Florida only requires that an individual has Personal Injury Protection Coverage and Liability Coverage, not Bodily Injury Coverage.

We Are Here For You!

If you or someone you know has been involved in a car accident, please contact Nicoletti Law Firm immediately at (727) 845-5972. We are available to you 24/7. Our testimonials, reviews, and results speak for themselves. No matter the size of the case, we treat every client the same and our primary goal is to obtain justice for you. We have convenient office locations in Port Richey, Zephyrhills, and can meet by appointment at our Tampa location. We serve clients in those locations and in surrounding areas throughout Florida. Stay safe everyone!