As a passenger in a car accident, you have one significant legal advantage: you are almost never at fault. Unlike drivers who may share blame for a collision, passengers are typically blameless victims with strong claims against one or both drivers involved.

Despite this, insurance companies don’t make it easy. Multiple policies may apply, fault disputes between drivers can delay your claim, and insurers from both sides may try to shift responsibility to each other.

Who Is Liable for Your Injuries as a Passenger?

You have the right to pursue a claim against any at-fault driver involved in the accident.

This includes:

• The driver of the vehicle you were riding in. If your driver caused or contributed to the accident through negligent driving, you can file a claim against their insurance.
• The driver of the other vehicle. If the other driver was at fault, you can pursue their bodily injury liability insurance.
• Both drivers. If both drivers share fault, you can pursue claims against both of their insurance policies simultaneously. Florida’s modified comparative negligence system under § 768.81 assigns responsibility proportionally. As a passenger, your recovery is not reduced by the drivers’ comparative fault because you, as the passenger, are not at fault.

What Insurance Coverage Applies to Your Claim?

Your Own PIP Coverage

Florida’s no-fault system means your own PIP insurance is the first source of payment for medical expenses, regardless of who caused the accident. Under § 627.736, PIP covers 80% of medical expenses and 60% of lost wages, up to $10,000. You must seek treatment within 14 days to preserve the full benefit.

If you don’t own a vehicle and don’t carry your own PIP policy, you may be covered under:

• A resident relative’s PIP policy (if you live with a family member who has auto insurance)
• The PIP policy of the vehicle you were riding in

The At-Fault Driver’s Bodily Injury Liability Insurance

If your injuries meet Florida’s serious injury threshold under § 627.737 (significant and permanent loss of a bodily function, permanent injury, significant scarring or disfigurement, or death), you can step outside the no-fault system and pursue a bodily injury claim against the at-fault driver.

Uninsured/Underinsured Motorist Coverage

If the at-fault driver has no bodily injury insurance or insufficient coverage to compensate you fully, your own UM/UIM policy under § 627.727 may apply. If you don’t carry UM/UIM coverage, the driver of the vehicle you were in may have it on their policy.

What If the Driver You Were Riding With Was at Fault?

Many passengers hesitate to file claims against the driver they were riding with, especially when that driver is a friend or family member. This is understandable, but it’s important to know that the claim is filed against the driver’s insurance policy, not against the driver personally.

Insurance exists to cover exactly this situation. Filing a claim against a friend or family member’s policy does not come out of their pocket (unless a judgment exceeds their policy limits). Your injuries and medical bills are real, and you have the legal right to seek coverage for them.

What Damages Can Injured Passengers Recover?

If your injuries meet the serious injury threshold, you can pursue:

• Medical expenses: Past, current, and projected future treatment costs
• Lost wages: Income lost during recovery
• Lost earning capacity: Reduction in your ability to earn income long-term
• Pain and suffering: Physical pain and discomfort from your injuries
• Mental anguish: Anxiety, depression, PTSD, and other psychological effects
• Loss of enjoyment of life: Inability to participate in activities you valued before the accident

What Steps Should You Take After Being Injured as a Passenger?

Seek medical attention within 14 days. This preserves your PIP benefits and creates documentation connecting your injuries to the accident.

Get the police report. It will contain the responding officer’s assessment of fault, which is an important starting point for your claim.

Do not give recorded statements to either driver’s insurance company without consulting an attorney. Both insurers may try to use your statement to shift liability to the other driver or to minimize your injuries.

Document your injuries and treatment. Keep a record of medical visits, symptoms, medications, missed work, and how the injuries affect your daily life.

Identify all available insurance policies. Your attorney should identify every policy that may provide coverage: your PIP, the at-fault driver’s BIL, both drivers’ policies if fault is shared, and any UM/UIM coverage available to you.

What Is the Deadline to File a Claim as an Injured Passenger?

Under § 95.11, you have two years from the date of the accident to file a personal injury lawsuit. This deadline applies regardless of the status of any insurance negotiations.

Protecting Injured Passengers in South Florida

At Bozanic Law, we handle passenger injury claims throughout Broward County, Miami-Dade County, and Palm Beach County, as well as communities across South Florida. We identify every available source of insurance coverage, hold the at-fault drivers accountable, and pursue the full value of your claim.

If you were injured as a passenger in a car accident, contact Bozanic Law to discuss your case.

No Panic, Call Bozanic!