Getting hurt as a passenger hits differently. You did not have your hands on the wheel, yet you are left with pain, bills, and questions about what comes next. Zweben Law Group, based in Stuart, Florida, has helped injured people for more than 25 years, and we know how confusing those first days feel. In this article, we explain who you can sue after a Florida crash as a passenger, how insurance works, and what steps help your claim.
Florida Law: Passenger Rights After a Car Accident
As a passenger, you usually have the right to seek money for injuries caused by someone else’s careless driving. That includes the driver of your car, another driver, a company, or even a public agency in the right situation. Your claim can cover medical treatment, missed work, and the human impact of what you went through typically referred to as pain and suffering.
Florida law lets injured people bring claims against those who caused the crash. Your case can either settle with insurance, or it can be filed in court if needed. The path depends on how bad the injuries are and what coverages apply.
Who Can a Passenger Sue After a Car Accident in Florida?
Multiple parties can share blame for a wreck. Your claim can target one or several, depending on what the facts show.
The At-Fault Driver of Another Vehicle
If another driver caused the collision, you can bring a claim against that person. Their auto liability coverage is usually the first place we look for compensation.
Common careless acts include:
- Driving under the influence of alcohol or drugs.
- Speeding or aggressive passing.
- Texting, app use, or other distractions.
- Running red lights, failing to yield, or tailgating.
The Driver of the Vehicle You Were In
If the driver who was driving you caused the car crash, you can bring a claim. This often feels awkward when the driver is a friend or family member.
Here is the good news. Claims are typically aimed at insurance, not your friend or loved one’s personal assets. Negligence can include drunk driving, reckless lane changes, or looking at a phone instead of the road.
Other Potentially Liable Parties
Sometimes, fault reaches beyond the drivers. Injury claims can target anyone who contributed to the crash or to worse injuries.
- Government agencies for unsafe road design, missing signs, or neglected potholes.
- Vehicle or parts manufacturers for defects like faulty airbags or brakes.
- Rideshare trips with Uber or Lyft, where higher insurance limits can apply while the ride is active.
The parties change from case to case, yet the goal stays the same: to identify all sources of coverage and hold them accountable.
Table: Who Passengers Can Sue and Where Coverage Often Comes From
| Potential Defendant | When It Applies | Typical Insurance Target | Notes |
| Other Driver | Other driver violated traffic rules or drove carelessly | Other driver’s bodily injury liability | Can combine with UM if liability is too low |
| Your Driver | Your driver caused or shared fault for the crash | Your driver’s liability coverage | Claim typically targets insurance, not personal assets. UM can still apply as well. |
| Vehicle Owner | Owner different from driver, vehicle used with permission | Owner’s liability policy | Florida often holds owners responsible for permissive use |
| Employer | Driver was working at the time | Company’s commercial auto policy | Deeper coverage can be available |
| Rideshare Company | Uber or Lyft trip in progress | TNC high-limit policy, often up to $1,000,000 | Coverage level depends on ride stage |
| Manufacturer | Defective part worsened injuries or caused crash | Product liability coverage | Engineering proof could be needed |
| Government Entity | Bad road design, missing signs, or poor maintenance | Government risk pool or insurer | Certain notice rules and limits apply |
Sorting out all of this takes careful review of the police report, photos, and insurance information. A quick look rarely tells the full story.
Florida’s No-Fault Insurance and Your Options as a Passenger
Florida uses no-fault insurance, called Personal Injury Protection, or PIP. PIP pays a portion of your medical bills and lost wages, even if no one has proven fault yet. Standard PIP pays 80 percent of medical costs and 60 percent of lost wages, up to $10,000, and non-emergency care can be capped at $2,500.
As a passenger, you can use your own PIP if you carry it. If you do not have a policy, the driver’s PIP can cover you. Health insurance can also help when PIP runs out.
You can step outside no-fault and sue the at-fault party if your injuries meet Florida’s serious injury threshold. Examples include permanent injury, major and permanent loss of a bodily function, scarring or disfigurement, or death. When that threshold is met, pain and suffering and other non-economic losses come into play.
Understanding Comparative Negligence in Florida
Florida follows modified comparative negligence. If you share some fault, your payment gets reduced by your percentage of blame. If your fault is greater than 50 percent, you cannot recover in a negligence claim.
Passengers sometimes face blame for things like not wearing a seatbelt. That does not wipe out a case; it just reduces the award. Solid lawyering helps push back on unfair blame and keeps the focus on the drivers who caused the crash.
Building a Strong Case: Evidence and Documentation
Good evidence moves the needle. Start collecting what you can early, even if someone helps you do it.
- Police report, including diagram and any citations.
- Medical records, bills, and a list of providers.
- Photos and videos of vehicles, injuries, skid marks, and road hazards.
- Witness names and contact details.
- Vehicle data, dashcam clips, and, if needed, opinions from crash or medical professionals.
Timing matters. Get medical care right away, follow up with doctors, and keep a journal of symptoms, missed work, and daily limits. Those details tell the story that the paperwork cannot.
Damages You Can Recover as an Injured Passenger
A fair settlement looks at both dollars spent and the human cost. The goal is to make you whole under the law.
- Medical expenses, past and future treatment, therapy, and medications.
- Lost wages and lost earning capacity if injuries affect your job.
- Pain and suffering, mental distress, and loss of enjoyment of life.
- Scarring or disfigurement, and help with daily tasks if needed.
- Property damage, such as broken glasses, phones, or baggage in the car.
Statute of Limitations: Act Quickly to Protect Your Rights
Florida generally gives two years from the crash date to file a personal injury lawsuit. Cases against government bodies can have shorter notice deadlines, so timing gets even tighter.
Waiting can hurt your case since evidence fades and witnesses move. A quick call can keep your rights intact and put insurance on notice the right way.
Contact Zweben Law Group Today for a Free Consultation
If you were a passenger hurt in a Florida crash, let us step in and do the heavy lifting. Zweben Law Group has fought for injured people for more than 25 years, and we always aim to go above and beyond for our clients. Call 772-223-5454 or reach us through our Contact Us page for a free consultation…no fees unless we win. We welcome your questions and are ready to work hard for the best result your case allows.
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