If You Are A Passenger In A Vehicle Accident, Can You Make A Claim?
Michael Babboni
Car Accidents
Anytime you’ve been injured in an auto accident, it’s important to know your rights. Insurance companies are out to make a profit, so they try to avoid paying claims. They will do everything they can to trick you into settling for less than what your damages are worth, or worse, they may even try to trick you out of making a claim period. Whether the driver of your car or the driver of the other car was at fault for the accident, you still have a right to make a claim for your injuries. Here is what you need to know to protect that right.What Kind Of Damages Are Passengers Eligible For After An Accident?
Passengers are entitled to the same rights to damages as drivers in auto accidents. Damages are a form of compensation awarded to cover the financial expenses associated with the accident. They are designed to pay for a variety of things and depending on the circumstances of your accident may help you cover:
● Medical expenses including treatment, prescriptions, and physical therapy
● Future medical expenses from your injuries
● Expenses associated with medical treatment like travel
● Lost wages, lost benefits, and loss of future income
If your injuries are catastrophic, you may also be entitled to other damages like pain and suffering, loss of enjoyment, and loss of income. If your injuries were the result of intentional negligence, you may be awarded punitive damages for your concerns.
How Are Damages Determined?
Damages are determined in two ways. First, is the calculation of all the tangible and intangible costs related to the injury. Then how much you are awarded depends on who is liable for the accident. In the state of Florida, the courts use a system of comparative fault. Meaning that fault is assigned on percentages, rather than determining one single party responsible for the accident. Therefore one of the most important parts of filing a claim in as a passenger in an accident is establishing fault.
The Legal Responsibility Of Passengers
In most cases, as a passenger you are not going to be assigned fault. However, you have a legal responsibility to exercise what is known as ordinary and reasonable care. This means that even as a passenger you have a duty to exercise care on the road. If you do not meet your legal responsibilities, it will impact how your settlement plays. Examples of this include:
● Not wearing or refusing to wear your seatbelt
● Getting into a vehicle with someone impaired like a drunk driver
● Intentionally distracted the driver in some way
In these cases, the insurance companies will argue that you didn’t exercise your legal responsibility and are partly at fault for the accident. If the insurance companies or courts can prove that you didn’t exercise your responsibility as a passenger, they will assign you a percentage of blame and that will impact your settlement. For example, if your total damages are $100,000, but you showed the driver something on your phone while they were driving, you could be assigned 50% of the blame. That means that your claim is only going to be 50% of the $100,000 or $50,000.
Why You Need An Attorney
The insurance companies in Florida know their way around the comparative fault laws and will do everything in their power to assign you a large share of the blame. They will do this whether or not it is true. Sadly, insurance companies are a lot more powerful than accident victims and so often times they get away with these tricks. That is, unless you hire an experienced accident attorney. An attorney like Michael Babboni, who has nearly 30 years defending accident victims in St. Petersburg, FL. He will ensure that the insurance companies don’t unfairly stick you with the blame as a passenger. He will calculate the full value of your damages and collect all evidence needed to prove that you were exercising your legal responsibility.
To learn more, fill out our contact form online or give us a call at (727) 381-9200 for a free case review.