Receiving the compensation you’re owed as a passenger injured in a car wreck isn’t always easy. No-fault insurance laws in Florida can make things a bit complicated. You should first attempt to file a claim against the personal injury protection (PIP) coverage of the driver whose vehicle you were riding in. The driver’s PIP coverage should technically cover you as their passenger.

Some passengers might have their own vehicles or PIP coverage through a family member. If that’s the case, you can also file a claim under your own policy. Even if you do have health insurance coverage, your health insurer may require you to first seek compensation via auto policy PIP.

Florida drivers are required to carry at least $10,000 of personal injury protection and $10,000 of property damage liability. That $10,000 might not go very far if the driver and multiple passengers suffered serious injuries. Passengers may need to file separate claims against the at-fault driver. If the driver who caused the crash didn’t have injury liability coverage but the driver of the vehicle you were in did have uninsured motorists/underinsured motorists (UM/UIM) coverage, you may be able to file a claim for damages through their policy.

Being injured as a passenger in someone else’s vehicle can be extremely stressful, especially if the driver doesn’t have enough coverage for all the injuries sustained by themselves and other passengers. It may be in your best interest to speak with a Florida car crash lawyer.

The apparent severity of an accident may not be the deciding factor in whether you should seek representation from a car accident lawyer. The extent and severity of your injuries, and whether your PIP covers your medical costs, should be the primary factor to consider. Florida car accident lawyers generally won’t take cases below specific values because they work on a contingency fee basis. It’s important that you get the money you need to recover while also being able to pay for the attorney’s time and expenses. If your injuries are serious enough to justify filing a claim against the at-fault driver’s insurance, it may be time to start considering car crash lawyers.

No – car accident attorneys work on a contingency fee basis. That means they’re paid a percentage of what they negotiate or litigate on your behalf. If they are unable to negotiate a claim payment for you or win you a verdict in court, you won’t owe them anything. Any compensation you do owe a personal injury attorney at the end of your case will be derived from the money you’re paid by the insurance company or the at-fault driver, which means the money technically isn’t coming out of your pocket.

It’s important to consider the totality of your accident-related expenses when judging the fairness of an insurance company claim settlement offer. Consider not only your current medical costs so far but also your lost wages and continuing or future medical costs. You might also be entitled to additional pain and suffering damages for the discomfort or emotional stress you’ve endured. Accepting an initial low settlement offer may result in you still having expenses after the claim payment has been used up.

One of the best ways for determining what is and isn’t a fair claim payment is to consult with an experienced car crash lawyer. They can help you calculate your current and potential future costs so you can determine what a fair payment should be.

Yes, it may still matter, especially in accidents that resulted in serious injuries. It could be argued that fault matters less in Florida than in other states for minor accidents due to our no-fault insurance laws. Every driver’s personal injury protection (PIP) coverage pays for their own injuries up to the policy limit. After the policy limit has been exceeded, the at-fault driver may be held liable for medical costs, lost wages and pain and suffering. Property damage is treated like other states where every driver is required to carry property damage liability coverage. The at-fault driver should pay for your car repairs or replacement up to their policy limit ($10,000 minimum property damage liability required by law).

PIP also doesn’t usually cover pain and suffering or other non-compensatory damages. It will be necessary to file a claim against the at-fault driver if you wish to pursue those types of damages.

Florida has a generous four-year statute of limitations, which means technically you have four years to file a claim or lawsuit after being injured in a car accident. In practice, waiting four years may not be the wisest or the easiest course of action. There are things you should do right away, even if you don’t file a claim immediately. You should always seek medical care as soon as possible after a car accident. It’s important your injuries are documented by a medical professional and accurately attributed to the accident. You should also document the scene and consider contacting a lawyer to definitively prove fault in a crash.

Drivers, passengers and witnesses may forget a lot over the course of four years. You might lose track of receipts from medical care or the emotional and physical injuries you incurred may fade. All these factors may make it more difficult to succeed in a personal injury claim. That’s why in most cases it makes sense to take quick action rather than wait for the statute of limitations to run out.