Steven A. Bagen | January 22, 2025 | Car Accidents
Filing a car accident claim as a passenger means taking similar steps as you should if injured as a driver. You will likely need to determine who is at fault for the accident, file a claim with the at-fault driver’s insurance provider, and possibly file a claim with the insurance company that insures the vehicle you were riding in.
You may also have to file a lawsuit against one or more liable parties. A car accident lawyer develops a case strategy backed by the available evidence. Your Gainesville car accident lawyer can also handle every aspect of your case—from establishing fault to interviewing witnesses, negotiating, and leading all necessary lawsuits—so you can focus on recovery.
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Filing Claims and Other Steps to Take as an Injured Passenger
You should take several steps as soon as possible following your car accident. Every passenger injured in a traffic collision should:
Get Medical Care Right Away
There are several reasons to see a doctor after your accident, as a medical provider should:
- Diagnose all physical injuries you suffered during the accident
- Identify any disabling injuries resulting from your accident
- Diagnose any mental health conditions you’re suffering because of the accident (or refer you to a mental health professional for such diagnoses)
- Prescribe treatments for your injuries
- Give you instructions for you to promote your recovery (they may advise you to rest and apply ice to injuries, for example)
- Establish a timetable for recovery
When you see a doctor after an accident, you also establish an undeniable connection between the accident and your health problems. Proving causation in this way is often critical to the success of passengers’ insurance claims.
Hire a Car Accident Attorney as Soon as Possible
You don’t have to be driving a vehicle to hire an attorney. Passengers can hire car accident lawyers, too, and may do so because:
- A lawyer will protect you from common threats to cases like yours, including insurance companies that act in bad faith
- A lawyer’s assistance should enable you to focus on recovery
- An attorney’s services should reduce your stress, which can aid your psychological and emotional recovery
- Your lawyer understands exactly what to do as a passenger injured in a car accident, so they are a priceless resource after your accident
A lawyer’s guidance and assurance provides exactly what you need in this vulnerable time.
File a Claim with the At-Fault Motorist’s Provider
If you suffered injury during the accident, there’s a strong chance you will file a claim with the at-fault driver’s insurance provider. Your attorney will advise you whether filing such a claim is necessary, and they will oversee that claims process for you.
File a Claim with the Provider for the Owner of the Vehicle You Were In
Being a no-fault insurance state, Florida generally requires insurance companies to cover their own policyholder’s injuries. In other words, even if a motorist does not cause an accident, they may receive compensation from their own insurance provider.
Your attorney will:
- Evaluate the circumstances of the car accident you were involved in
- Determine the insurance status of the person who owns the vehicle you were a passenger in
- Advise you about whose insurance provider(s) you should file a claim with
Identifying the proper insurance strategy can be difficult for injured passengers. Allow an experienced attorney with extensive insurance-related knowledge to form a personalized strategy for you.
Let Your Lawyer Lead the Claims Process (and Any Lawsuits You Elect to File)
A car accident attorney can handle every aspect of your claims process, which will likely include:
- Studying insurance policies
- Determining which insurance companies owe you money
- Determining how much money each insurer owes you
- Filing all claims
- Communicating your losses to insurance providers (along with proof of each of those losses)
- Negotiating with insurers for you
The average economic cost of a car accident resulting in evident injuries is $42,000. When you consider non-economic harm from auto accidents, including pain and suffering, the cost of a passenger’s injuries can be high.
Remember this as you decide whether to hire a lawyer after your auto collision. An attorney’s insights, protection, guidance, and service may contribute to the case outcome you deserve.
There Is No Out-of-Pocket Cost for You to Hire a Car Accident Attorney
Car accident attorneys recognize that many injured passengers are concerned about their finances. You may be out of work, hit with several unexpected expenses, and lacking disposable income.
Hiring a car crash attorney won’t be a problem. Law firms generally work for contingency fees, which they receive as a percentage of the client’s recovery. In other words, your attorney will have to secure compensation for you—or else they’ll receive no payment for their help.
This fee structure serves several purposes, as it:
- Allows you to hire a car accident attorney even if you’re under financial hardship
- Incentivizes your lawyer to work hard to secure all the compensation they can for you
- Ensures that you won’t have to pay directly for legal services, which means you don’t have to worry about the cost of legal services
Auto accident attorneys intentionally use this fee structure because it most benefits injured passengers and other clients. Contingency fees are a key reason why you can hire your attorney without delay.
An Attorney Will Be Familiar with Florida’s No-Fault Insurance Framework
Of the many reasons to hire an attorney, your lawyer’s familiarity with Florida’s insurance laws and rules is an important one. Some facts you should know about the state’s no-fault insurance rules include:
- Every motorist must purchase personal injury protection (PIP) coverage: Personal injury protection coverage accounts for the cost of medical care, regardless of who is at fault for the accident. You might access this coverage through the policy purchased by the owner of the vehicle you were a passenger in.
- Motorists must purchase at least the minimum amount of coverage: In Florida, the minimum coverage limit is $10,000. This will be relevant as your lawyer determines whose insurance providers you should file claims with.
- The state’s no-fault laws mean your insurer pays first: While the owner of the vehicle you were riding in may first be responsible for your medical expenses, you may need to seek compensation from another motorist’s insurer, too. The cost of injuries often surpasses coverage limits, in which case you may need to file a third-party claim or sue.
Auto insurance is incredibly nuanced. Allow your lawyer to oversee the complicated claims process. They already have the knowledge and experience necessary to do so.
How Attorneys Assist Passengers Injured in Car Accidents
Your lawyer will deal with insurance companies for you. However, this is only a fraction of what they do, as law firms handle many critical duties.
You should expect that your car accident attorney, their paralegals, and other team members will:
Stymie Bad-Faith Insurance Practices
Protection is one of a lawyer’s most important duties. Your attorney will need to ensure you’re not negatively affected by insurers’ bad-faith tactics, which can include:
- Extending you a lowball settlement offer (insurers know that many injured passengers are scared, financially unstable, and prone to accept an available settlement offer)
- Confusing you about the details of insurance policies, which might lead you to take actions that do not benefit you
- Peppering you with misleading or deceptive questions, trying to coax you into making harmful statements
Insurance companies exist to make a profit. This has led countless insurers to lowball claimants, knowing that it’s in the insurer’s financial interests to avoid financial losses.
An attorney will ensure you do not become a victim of insurance companies’ bad faith schemes.
Obtain All Relevant Evidence from the Car Accident
Even in a no-fault state, an attorney must often prove who is at fault for a client’s accident. This is true when accident victims have serious injuries.
Your lawyer may rely on witness statements, police reports, and other evidence to prove who caused your accident, injuries, and damages.
Prove Accident-Related Damages
Your attorney and their team will show the many forms of harm resulting from the accident. Their method for proving your damages may include:
- Obtaining all medical records detailing your injuries, including medical images
- Securing detailed testimony from doctors and mental health professionals about all accident-related injuries and trauma
- Gathering all financial records related to your case, including medical bills and bank statements (which can show loss of income and other accident-related damages)
Car accident lawyers know how to identify, document, and value clients’ damages. Allow your attorney to complete these critical responsibilities while you recover.
Establish Your Case Value
The total cost of your damages will be the value of your case. Your car accident lawyer will determine this value as part of their representation. Calculating accurate case values can be more challenging than most accident victims imagine, and a lawyer’s skill ensures you do not seek or accept less than you deserve.
Negotiate a Settlement (If Liable Parties Cooperate)
When your lawyer is certain of your case value, they can then make demands of liable parties. Many parties may be financially responsible for your accident, including:
- One or more insurance providers
- Any driver whose negligent actions contributed to the accident
- The municipality in which the accident occurred (if that municipality was negligent in some way, such as allowing or creating dangerous driving conditions)
- The manufacturer of any defective product that played a role in your accident, including any defective vehicles
Attorneys understand fault and liability as separate and critically important legal concepts. Rely on an experienced lawyer’s training and knowledge—after all, you only have one opportunity to pursue fair compensation after an accident.
Try Your Case in the Civil Justice System, If They Need To
A savvy lawyer always has a Plan B. Filing a lawsuit may be their Plan B, and it could even be Plan A in certain circumstances.
If the details of your case lead you and your attorney to pursue a lawsuit against one or more liable parties, your attorney will do all the legal work. This can mean taking your case to court, though that is not an especially likely development in most cases.
Damages Injured Passengers Should Receive Fair Compensation
Identifying your damages is one of the most pivotal steps in your case. Your lawyer will do their due diligence, and they may find you deserve compensation for:
- Pain and suffering: If you suffered an injury, we can safely say you have faced pain and suffering. This can be one of the most important types of damages in a car accident case and may include physical pain, emotional anguish, psychological distress, and diagnosable conditions such as post-traumatic stress disorder.
- Medical costs: A passenger should rarely have to pay medical bills after an accident—after all, passengers are rarely at fault for traffic collisions. Your attorney will calculate the total cost of your accident-related medical care. They will include these expenses in their demands to liable parties.
- Lost earnings: You might need time off from work after your accident, and that absence can cause several professional damages. Your attorney will account for all lost income, missed promotion and bonus opportunities, and other types of professional harm related to your accident.
- Disability: If injuries you suffered as a passenger cause a disability, your lawyer will calculate all costs and non-economic harm related to the disability. Examples of these damages may include caregiver costs, medical equipment costs, and exaggerated pain and suffering.
Each injured passenger has a unique story. Your lawyer will learn the ins and outs of your story, including all the damages you have suffered because of at-fault parties.
Injured Passengers: Do Not Wait to Hire a Car Accident Attorney
While each injured passenger endures a unique collision and faces unique damages, some advice applies to all. One such piece of advice is this: Don’t wait to find a car accident attorney to represent you.
Your lawyer will need to start your case as soon as possible. Contact a reputable, proven car accident attorney once you’ve done your homework (and completed your free consultations).