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Roman & Roman, P.A.
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Can a Passenger Sue a Driver in a Car Accident Personal Injury Case?

CarPassenger2

Car accidents are terrifying experiences that often lead to serious injuries. If you were in a car accident in the passenger’s seat or in the back seats, you may be facing astronomical medical bills, the inability to return to work, loss of wages and even pain and suffering. You are almost never liable as a passenger for the car accident, but need to determine who to hold liable for your injuries. If an investigation determines that the driver of the car you were in was responsible for the accident, you have the legal right to receive compensation from that person, or their insurance company.

Passenger Rights

If you were injured while riding as a passenger in a vehicle you should seek medical attention immediately. Additionally, if it is possible for you to do so, you should attempt to get the contact details from everyone involved, including your driver, involved in the accident. Always request a police report following the accident. The following persons may be liable for your injuries and you may be able to file a claim against one or any of them depending on the facts and circumstances of your case.

  • Your Driver. If your driver was determined to be responsible for the car accident, you have the right to receive compensation either directly from the driver or from his or her insurance company. Always know that you are not holding your friend, the driver, directly responsible, but rather you will be filing a claim against their insurance policy.
  • Any Other Driver Involved. If any other driver was either fully or partially responsible for the car accident, you also have the legal right to file a claim with their insurance company.
  • Your Own Insurance Company. If you were a passenger in your own vehicle that someone else was driving, you may have the right to file a claim with your own insurance company.

Negotiations With Insurance Companies

Most people who are involved in a car accident will have to deal with insurance companies at some point. Please remember that insurance companies have several insurance claims adjudicators and processors diligently working to try to give victims the lowest settlement amounts possible. Some insurance companies stoop to very low tactics and manipulative techniques to attempt to get a victim to say that they are not that injured, or that they were somehow even to blame for the accident. Some other insurance companies will purposefully stall and delay the settlement process in order to have the victim lose their right to file a claim with a court of law by missing deadlines, called the statute of limitations.

Let Us Help You Today

You have rights under the law as a passenger in a car accident in the state of Florida. Make sure that you visit with an experienced car accident attorney to help you understand your legal rights and help you build a strong personal injury case. Contact an experienced accident attorney at Roman & Roman today at 877-767-1032 or contact us online for a free consultation. We can help you determine if you have a strong personal injury claim that may include compensation for your pain and suffering, and help you with your next steps. We have offices in Clearwater, Hudson, and Tampa.

Resource:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0095/Sections/0095.11.html

https://www.romanromanlaw.com/how-to-help-your-teenager-after-their-car-accident/

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