After a car accident, you could be left with severe injuries and questions about paying your medical bills. If you were a passenger in a car crash, you have the right to financial compensation for expenses related to the accident. If you meet Florida’s legal requirements, you could be entitled to file an injury claim.
Call the Fort Lauderdale car accident lawyers at the Law Offices of Anidjar & Levine at (954) 525-0050 to make sure you choose the right method to reclaim lost wages and repayment. Schedule a free, no-obligation consultation today. Our team will uphold your right to hold the negotiating party responsible.
Florida Auto Insurance Claim
If you were injured in a collision as a passenger, you’re entitled to financial compensation for your injuries. You may be considering an insurance claim but don’t know whose insurance company to file with. You have a few options to choose from.
Your Auto Insurance Company
All vehicle owners in Florida are legally required to carry auto insurance. If you own a car, you can file a claim with your insurance company, even if your car wasn’t involved in the accident. The minimum coverage for bodily injury is $10,000 for one person and $20,000 for two people or more. Personal Injury (PIP) insurance covers 80% of medical bills and 60% of lost wages.
Your Driver’s Auto Insurance
Your driver’s auto insurance coverage is available to you, no matter which driver is liable for the accident. If your financial needs exceed the limits of your driver’s auto insurance policy, then you may be able to file a claim with both drivers’ auto insurance companies.
The Other Driver’s Auto Insurance
You can file a claim with the other driver’s auto insurance. If the other driver involved didn’t own the car, you can file a claim with the car owner’s insurance.
How you choose to proceed with an insurance claim or multiple insurance claims will depend on each person’s policy limits and the extent of your injuries. If you need help to determine how to get started, consult with your Fort Lauderdale personal injury lawyer. The Law Offices of Anidjar & Levine can help you understand how to seek financial compensation after you’ve been injured in a car accident as a passenger.
What if the Drivers are Uninsured?
Even though Florida requires every vehicle owner to carry auto insurance, a few motorists will still drive uninsured. The penalty for driving uninsured can include a $150 reinstatement fee and suspension of driving privileges for the first offense. If you let your auto insurance collapse, be sure to reinstate it as soon as possible.
Subsequent violations within a three-year span will carry even higher reinstatement fees. If you carry auto insurance, you can check with your insurer to see if you elected for additional coverage. There are two add-ons that could help when you’re involved in a collision with a less responsible driver.
Uninsured Motorist (UM) Coverage
This insurance add-on will pay for property damage and injuries inflicted by a driver with no insurance. It also protects you in the event of hit-and-run accidents. In Florida, the minimum UM coverage is 10/20, which translates to $10,000 bodily injury coverage per person and $20,000 bodily injury coverage per accident.
Underinsured Motorist (UIM) Coverage
This add-on covers you when you’re in an accident, and the at-fault driver doesn’t have enough insurance to cover your accident-related expenses.
While not required in Florida, some states require motorists to carry uninsured or underinsured motorist coverage. Although these additional insurance add-ons don’t add very much to your premium, the added layer of protection can be well worth it.
What if I was hurt in an Uber or Lyft Car?
Like all drivers in Florida, rideshare drivers are required to carry PIP insurance. They’re also required to have UM and UIM coverage. Even though Uber and Lyft famously have liability coverage of at least $1 million, there are some considerations to keep in mind.
If the driver was on the way to pick up a passenger or had a passenger in the car at the time of an auto accident, an injured victim could receive the full $1 million in liability coverage. However, if the driver wasn’t working or didn’t have the app open during the car accident, their rideshare insurance is not in effect. In that case, you have to rely on their personal auto insurance.
If the Uber or Lyft driver had the app open but had not accepted a ride request, you may receive the following benefits:
- Up to $50,000 in bodily injury liability
- $100,000 in total injury liability coverage
- $25,000 for any property damage
Insurance can be confusing when one of the drivers involved works for Uber or Lyft. A Florida rideshare accident lawyer can help you navigate the claims process. You can call us 24/7 to schedule a consultation.
How do I File an Injury Claim?
To file a claim, you have to contact the insurance company to make an accident report. The drivers may have already opened claims since you were the passenger in an accident. In that case, an insurance adjuster will contact you to discuss your personal injury claim. You should only have to contact the insurance company if the drivers involved in the accident failed to disclose your contact information.
Rights of Passengers in an Auto Accident
If you are the passenger in a vehicle involved in an accident, you have certain legal rights regardless of whether your car’s driver or the other vehicle was at fault. As an innocent passenger, you are entitled to receive compensation for any injuries and damages you sustain in the crash. Here is an overview of key rights and actions to take if you are a passenger injured in a car accident.
First, seek any necessary medical treatment right away. Document your injuries, any diagnoses, and all treatment prescribed. Save all receipts and request copies of medical records. If you miss work due to the accident, ask for a doctor’s note confirming you are medically unable to work. All of these documents will help support an injury claim later.
Next, speak with an experienced personal injury attorney. The attorney can help investigate fault and liability in the accident, request evidence like police reports, and negotiate a settlement or file a lawsuit against any negligent parties. As a passenger, you may have a claim against the driver who caused the crash and their insurance, the driver of the vehicle you were in if they contributed to the accident, automobile manufacturers if a defective vehicle part contributed to the crash, local governments for hazardous road conditions, or other potentially liable parties.
Finally, document as much evidence from the scene as possible, including photos of vehicle damage, accident location, road conditions, witness information, and any other relevant evidence. Make sure to get contact information and insurance details for all parties involved while still at the scene. All this information will bolster your claim.
Injured passengers have legal rights to pursue compensation for medical bills, lost income, pain and suffering, and other damages against any negligent parties who contributed to the accident. An experienced attorney can advise you of your rights and best path to maximum compensation after being injured as a passenger. Don’t hesitate to seek representation to protect your rights after any car accident.
Do Not Delay if You want to Hold the Driver Legally Accountable
If you are injured in a car crash and want to hold the driver legally accountable for your medical bills, lost wages, and pain and suffering, do not wait to file an injury claim or lawsuit.
Per Florida Statutes §95.11(3)(a), you have four years from the date of the accident to file your case in civil court. If the deadline passes, you will miss your opportunity to seek compensation. The judge will most likely dismiss your case.
There are exceptions to this statutory deadline. When you choose to hire a car accident attorney from the Law Offices of Anidjar & Levine to represent you, they will file all paperwork with the court in a timely manner. They will handle all aspects of your case from start to finish so you can focus on your recovery.
Seek Legal Advice
To ensure everything goes smoothly with your injury claim, you can enlist the help of our team of car accident attorneys at the Law Offices of Anidjar & Levine. We can review your case and communicate with the insurance company to file your claim. We gather evidence to support your claim and conduct our own investigation of the accident to determine which driver is responsible for your injuries. Call (954) 525-0050 to speak with us today.
