Does an Injured Passenger Have Rights?
You’re riding with a friend, family member, coworker, or maybe even an Uber driver. Then the unexpected happens, you’re in a car accident, and as a passenger, you’re injured. An injury as a passenger is more complicated than an injury as a driver. When you’re the driver, you can work with the insurance companies directly. However, as a passenger, you have to evaluate other opportunities to recover the compensation that you deserve.
Work with a Tampa auto accident attorney to learn more about your options for resulting and if you can pursue any further compensation.
Duty of Care
Every driver on the road agrees to deliver proper duty of care every time they put the key in the ignition. Duty of due care, the official term for this obligatory caution is the basis of fault. When an accident happens insurance, companies rush to determine which driver was at fault. As the passenger, it doesn’t matter which driver was at-fault because both of them owed you a duty of care, and someone failed.
Auto Accident Attorney in Tampa, FL
As an injured passenger, you can pursue legal recourse against the driver if they were negligently driving. Usually crashes or car wrecks happen because of someone’s negligence. Speeding or violating any traffic safety regulation is grounds for negligence or carelessness.
An auto accident attorney in Tampa can help you explore options for different aspects of your crash. For example, if you were riding in an Uber, you may need more assistance than usual to resolve your claim. Additionally, if the driver at fault did not have insurance, you may have to place a request with your own auto insurance provider for uninsured motorist coverage.
Placing a Claim Against Drivers
Not sure which driver to place your claim against? You can address both drivers, but you may only need to address one. It depends entirely on the situation, and you might need to discuss that matter with a Tampa, FL auto accident attorney.
As a passenger, you can hold both drivers responsible if they were both declared to be at-fault. When proclaimed at fault the drivers will receive a percentage for the degree of their contribution to the crash. For passengers, this means that you may have open claims with both insurance companies and seek legal action against both drivers.
Even if the driver of the vehicle you were in was partially at fault, you should receive a full amount of compensation. Full compensation means that your medical bills, pain, and suffering, lost wages, and more should be fully covered by one or all insurance companies involved.
What is PIP?
In Florida, there was enough forethought on the issues of passenger rights for lawmakers to put a system into place. PIP is Personal Injury Protection, and it is mandatory within the state of Florida. All drivers must have PIP coverage, which will cover 80% of medical expenses and 60% of lost wages.
PIP coverage is not something that most states use. But as a passenger, it can be the difference between receiving full compensation and receiving a small portion and having many outstanding debts to deal with afterward.
PIP claims work the same way as other claims in which you’ll contact that person’s insurance company and explain the situation. It’s always best to have an attorney handle this part for you. The goal is to ensure that your claim goes through processing quickly and with the most accurate information possible.
Unfortunately, insurance companies are excellent at asking questions in a way that leads you to downplay your injuries. They may ask for your medical records while you’re still receiving treatment. Or they may ask for a statement directly after a crash before you feel the full effects of the accident.
Contact the Tampa Car Accident attorneys at Winters and Yonker.
Any auto accident attorney in Tampa, FL, will tell you that you do have rights as a passenger. But you want an attorney that will actively argue for your best interest. That means that you want someone who can stand up to insurance companies and be there for you every step of the way.
Contact the lawyers at Winters and Yonker for advice and assistance throughout this complicated process. It’s difficult for a passenger to know who they should or should not talk to about their claim, which is why it’s always best to hire an attorney. Work with the law offices of Winters and Yonker to fight for full and fair compensation now.