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What Are My Rights as a Passenger in a Car Accident?

Being involved in an auto accident is always a horrifying situation. It can be even scarier when you’re a passenger, as you have no control over the situation. Receiving the necessary medical care and attention should be your top priority after a severe collision but, unfortunately, it can be expensive. When the price for injury treatment gets out of hand, you do have the right to pursue legal action against the liable party.

It may be a difficult situation when you’re the victim of an accident in someone else’s car, especially when the driver is a friend or family member. However, you have numerous options in ensuring that you recover due compensation.

File a Claim Against the Driver of Car You Were In

All licensed motorists in Florida are obligated to have some form of liability auto insurance. If you sustain injuries as a passenger in someone else’s car, you can receive compensation by filing a claim against the driver. Even if they are not deemed responsible for causing the accident, state law grants you coverage under their policy. However, you only have access to the limit of their insurance policy. If your damages exceed their coverage cap, your only way of recovering compensation would be to file a claim against both drivers.

File a Claim Against the Other Car

If the other driver is responsible for the accident or the driver of the car you were in’s insurance doesn’t fully cover your damages, you can pursue compensation through the other driver’s insurance. When you reach out to their insurance company, you will need to provide all of the necessary information, including your medical records and bills.

Whether you file a claim against your driver or the other driver depends on the extent of your injuries, your driver’s coverage, and many other specifics. A Fort Lauderdale personal injury attorney can advise you on the most favorable course of action.

Rideshare Services or Public Transit

One situation that can be a little more complicated is if you are injured in an accident involving public transportation or a rideshare vehicle. Ridesharing services like Uber and Lyft have comprehensive insurance plans for their drivers but will often find reasons not to compensate the injured. For example, Uber has a million insurance policy, but drivers are only covered when the app is on. When the app is off, the driver is only covered by his or her personal insurance. However, there’s no mentioning of pedestrian coverage.

In these situations, it is essential to contact the company overseeing the drivers as soon as possible. These companies will generally have excellent insurance coverage in place, but you may need the help of an attorney to recover accurate compensation.

Get Help From an Experienced Personal Injury Lawyer

As someone recovering from an injury, you do not need the additional burden of having to file a personal injury claim on your own. Reach out to the Fort Lauderdale car accident attorneys at Salpeter Gitkin, LLP and get the help you need. We are members of the American Association for Justice, and our team of lawyers has experience holding negligent parties liable for their actions while helping injured passengers recover the funds they’re entitled to by law. Let us do the same for you. Contact us today at (954) 467-8622 for a free case evaluation.

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Our Head Attorney
Willaim Henderson

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