Passenger Rights

In the State of Florida, a car crash is a common occurrence in most communities. In some crashes, one driver can be at fault for the collision. In other crashes, two or more drivers can be at fault for the collision. Rarely is a passenger blamed for any portion of the fault for a Florida Automobile Accident. While the passenger is rarely to blame for any fault, the insurance companies will not just automatically compensate the injured passenger for his or her economic and non-economic damages. There are also insurance rules and regulations as to which insurance policies will pay for medical bills when a passenger is injured as a result of the automobile accident.

Many injured passengers do not realize that the medical bills for an automobile accident will get processed under the passenger's automobile insurance policy, EVEN THOUGH the passenger was not occupying his or her vehicle and the passenger was not at fault in any manner. This just does not seem to be fair or right. A passenger is injured through no fault of his or her own, yet the medical bills must be processed under the injured passenger's PIP (Personal Injury Protection) automobile insurance policy. If the injured passenger did not own a vehicle, then the medical bills may be processed under the resident relative's PIP (Personal Injury Protection) automobile insurance policy. Again, this does not seem fair as well; however, it should be noted that Florida laws pertaining to automobile accidents and claims are not entirely based on fairness or common sense. Due to the complexities of Florida laws as they pertain to automobile insurance, claims, and compensation, it is important for an injured passenger to seek the advice, counsel, guidance, and legal representation from a Florida Personal Injury Attorney.

In many cases, the ability of the injured passenger to obtain fair compensation will depend on a number of factors including medical bills - past and present medical bills, pain and suffering - past and present, the property damage of the vehicles involved, the amount of wage loss, and, last but not least, the availability and amount of liability insurance (Bodily Injury insurance) and Uninsured / Underinsured Motorist insurance in place.

It is important for the injured passenger to seek timely medical treatment and to be treated by qualified medical providers who understand the complexities of traumatic injuries. Diagnostic testing and ongoing treatment will vary from patient to patient. The patient needs to be thoroughly evaluated. Thereafter, treatment should be consistent until the patient reaches a point of Maximum Medical Improvement. To be entitled to any compensation for pain and suffering and related damages, the injured passenger must have sustained one of the following:

1. Significant and permanent loss of an important bodily function;
2. Permanent injury within a reasonable degree of medical probability; OR
3. Significant and permanent scarring or disfigurement.

David A. Wolf is a Florida Personal Injury Attorney with over 30 years of experience serving clients and the community. He is the author of several books, including the book titled When the Wheels Stop Turning - Legal Rights of the Injured Child - What You Need to Know After the Accident. His clients have ranged in age from infants to one client who was 106 years old. David A. Wolf provides a FREE CONSULTATION for all personal injury matters as well as all other personal injury matters. Get D Wolf On Your Side - At Your Side. David A. Wolf strongly believes in Giving a Voice to Injury Victims and Their Families.