How Do Claims Proceed When Passengers Are Injured In Auto Accidents?


There is a lot of information out there about auto accident claims, but they tend to focus on the drivers. What about when passengers are injured in an auto accident? What is their recourse? How do claims proceed?

Two Criteria Passengers Must Prove

The good news is that passengers usually have an easier time proving their case because there isn’t any question about their liability for the accident – one driver or the other will be liable. Even so, passengers must prove two things in order to win a case:

  1. Liability (who was at fault for the accident)
  2. Damages (the extent of the passenger’s injuries)

In a two-car accident, one of the drivers will end up being held liable. In a single car accident, the driver will usually be held liable for passengers’ injuries, barring any unusual circumstances.

What To Expect From A Passenger Injury Claim

Passenger injury claims proceed just like any other type of car accident claim. The only difference is that passengers can make claims against both drivers if both appeared to be negligent. To do so, passengers need to collect insurance information from both drivers so they can file claims with the appropriate insurers. Florida is a No-Fault car insurance state, which means passengers need to file Personal Injury Protection (PIP) or No Fault claims against drivers.

Just as with other personal injury types of situations, passengers can claim damages for medical bills, lost earnings, pain and suffering, and loss of consortium.

As with any legal case, exceptions can arise which may dictate if and how claims are filed and who they are filed against. Consultation with an experienced auto accident attorney is the best way to find out if you, as a passenger, have a case or not.

Seek Legal Advice If You Have Been Injured In An Auto Accident

Navigating a passenger injury claim does require legal help. Passenger injury claims often require the passenger’s attorney to negotiate with both drivers’ insurers to achieve a settlement.

If you are a passenger who has been injured in a car accident, contact The Fighter Law Firm to discuss your situation, evaluate your options, and pursue a settlement.

We value customer service and explain our process during your consultation. No high-pressure sales tactics from our law firm, what you see is what you get. Call us at 407-344-4837 to set up your free consultation with an attorney – not a caseworker. Our office is conveniently located in Orlando, but we work throughout Orange County and Seminole County.

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