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Car Accidents: Passenger Injury Claims

December 15, 2013 | Category: Automobile Accidents | Share

Without a doubt, car accidents typically bring about a myriad of problems for the drivers involved. But what if there are passengers in the vehicles at the time of the accident? What happens if they sustain injuries during the collision? Thousands of passengers are injured in motor vehicle accidents every year in Florida, but knowing what to do after incurring an injury as a passenger can become a bit complicated, particularly because the passenger usually knows the driver. If you are the passenger in a vehicle that was involved in a motor vehicle accident with another driver, one thing is certain--one of the drivers is going to be held legally responsible for your injuries.

In Florida, no matter who is at fault for the accident, passengers who sustain injuries during an accident may have a right to file a claim with the insurance company of the person with whom they were riding. However, if the passenger owns a car or lives with a related adult who owns a car, then their own personal injury protection (PIP) insurance coverage will cover their injuries. But, if the passenger does not own a car or live with an insured adult relative, he or she can file a claim under the insurance policy that covers the vehicle in which they were riding.

What if a Passenger's Own PIP Insurance is Not Enough To Cover the Injuries?

Fort Myers personal injury lawyer Randall Spivey knows that there will be times when a passenger's personal injury insurance coverage will not suffice to cover all the injuries sustained. If a person is involved in an accident as a passenger and it is determined that his or her insurance will not cover all of the medical costs associated with the accident, that individual can also file a claim for bodily injury benefits against the driver who was deemed to be at fault. If, for some reason, the individual cannot obtain those benefits from the at-fault driver, he or she might be able to obtain compensation from the policy of the driver with whom they were riding under his or her uninsured/underinsured motorist coverage.

Passenger Exclusions in Auto Accidents

Whenever a passenger seeks to file a claim for benefits against another individual's PIP coverage, there are occasions where the passenger will not be allowed to claim benefits from the other individual's policy. For example, a passenger might be excluded from receiving insurance benefits if he or she used the automobile without permission. A passenger might also be excluded if he or she contributed to the automobile accident in some way, and /or if he or she currently has a vehicle of his or her own for which they have insurance coverage.

If you or a loved one was a passenger in an automobile that was involved in an accident, you should seek the legal counsel of a skilled and well-versed Fort Myers personal injury lawyer at The Spivey Law Firm, Personal Injury Attorneys, PA as soon as possible. Call us today and let us fight for your rights.

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