Passengers injured in West Palm Beach car accidents may have multiple avenues of pursuing compensation, depending on who was at fault, how serious their injuries were and the type of insurance coverage available. One of those avenues is against the driver of the vehicle they were in.
Florida car accidents are unfortunately an everyday occurrence. Nearly 400,000 were reported statewide last year, more than 26,000 of those in Palm Beach County, according to the Florida Department of Highway Safety and Motor Vehicles. In Florida, more than half of all fatal vehicle crashes involve a single vehicle. As most crashes are caused by driver error, passenger claims against drivers are fairly common.
If a passenger is injured due to the negligence of the person driving, they can file a claim for financial compensation to help with hospital bills, lost wages, etc. However, as West Palm Beach car accident lawyers, we’re aware that sometimes passenger plaintiffs are hesitant to do so if the driver is someone close to them – relative, friend, colleague, etc.
If this is how you’re feeling, here are a few things to consider:
- It isn’t personal. Truly. Even if your friend’s name is on the claim or complaint. Ultimately, it’s the insurance company (or companies) that will pay. That’s why we have insurance. You know your friend would never hurt you on purpose, but that doesn’t change the fact that they did. It was an accident. They didn’t mean for it to happen. But that doesn’t mean that the passenger should have to shoulder both the physical and financial fallout just because the harm wasn’t intentional. Your filing doesn’t mean the end of a friendship. It just means that you’re asking the insurance company to do what they’ve been contracted to do and pony up for losses caused by their insured.
- You only sue if your injuries are serious. Florida is a no-fault state when it comes to car accidents. That means the driver has to carry personal injury protection (PIP) coverage that provides up to $10,000 in compensation for certain crash-related losses for themselves as well as their passengers. Passengers may also have their own PIP policy that will extend coverage, even if they weren’t driving. You don’t even need to prove fault to file for PIP coverage. The only time you can step outside of that no-fault system and file a lawsuit against someone for crash-related injuries if the driver was negligent AND the injuries in question meet or exceed the serious injury threshold spelled out in F.S. 627.736. Even then, demands for compensation are typically still filed as insurance claims rather than lawsuits. It’s only when the insurer fails to provide the fair coverage they should that we start exploring litigation.
- Your friendship can survive this. You know your friend feels awful about what happened. They can’t take it back. You’re not trying to make them feel worse. But their bad feelings aren’t going to cover your medical bills. A true friend is not going to want you to struggle financially for a mistake they made, especially when there’s an opportunity for you to be fairly compensated by their insurance company. They may have to pay a bit higher on insurance premiums for a while, but that’s a fairer outcome than imposing the injury AND expenses on you. Resolution of your claim may help to resolve any lingering tension between the two of you – because it’s no longer hanging over you.
If you were in a crash and are concerned that you might need to take legal action against a loved one, it’s important to reach out to a car accident attorney as soon as possible. While you can maintain your friendship, you may need to avoid discussing the crash specifically until everything is settled. A lawyer can help you navigate these thorny issues so that you can both recover and move on to the next chapter.
Contact the South Florida personal injury attorneys at Halberg & Fogg PLLC by calling toll-free at 1-877-425-2374. Serving West Palm Beach, Miami, Tampa, Orlando and Fort Myers/ Naples. There is no fee unless you win.
Additional Resources:
Traffic Crash Dashboard, FLHSMV
More Blog Entries:
Understanding Rear-End Crashes From West Palm Beach Injury Lawyer Perspective, July 14, 2024, West Palm Beach Car Accident Lawyer