Can A Passenger File A Claim Against Their Driver After A Car Accident?
A car accident can be a stressful event. If a car accident does not result in death, it will likely result in victims suffering mild to severe injuries. Fortunately, in Florida, following a car accident, a victim can recover compensation with the help of a skilled car accident attorney.
Often, when people think of auto accident claims, they imagine motorists filing claims against each other. However, passengers also sustain injuries in auto accidents. If you were injured in a Florida car accident while riding as a passenger, you might be wondering whether you can file a claim against the driver of the car you were riding in. So, can a passenger file a claim against their driver after a car accident? Find out below.
Can You File a Claim Against Your Driver?
Yes, if you were injured in a Florida car accident as a passenger, you can file a claim against the driver of the car you were riding in. However, filing a claim against the driver of the vehicle you were riding in requires you to prove that the driver was responsible for the accident. Filing an auto accident claim against the driver of the car you were riding in requires evidence that the driver committed a negligent act that led to the accident. Some of the common negligent acts that result in car accidents include;
- Drunk driving
- Distracted driving
- Drowsy driving
- Speeding
- Failing to use a turn signal
- Reckless driving
It is understandable if you are not sure whether you should file a claim against your driver, who’s also your friend. Nevertheless, it would be best to keep in mind that filing a claim is one of the ways for you to recover compensation for your severe injuries and other damages. You need to keep in mind that when you file a claim, you’ll be dealing with the insurance company and not your friend, and the compensation will come out of the insurance company’s pocket and not your friend’s.
Can You File a Claim Against Both Drivers?
Suppose both the driver of the car you were riding in and the driver of the other vehicle are liable for the accident that led to you suffering severe injuries. Is it possible for you to file a claim against both drivers in such a case? Yes, if your driver and the other vehicle’s driver acted negligently, thus causing the accident that led to your injuries, you could file a claim against both of them.
If you file a claim against your driver and the other driver, and your claim succeeds, each driver will be assigned a percentage of fault. After that, each driver will pay a portion of the settlement based on their share of fault.
Contact Us for Legal Help
Were you injured in a Florida auto accident as a passenger? Our Tampa personal injury attorneys at The Pendas Law Firm can help you recover the compensation you deserve. We can help you recover compensation from your driver, the other driver, or both. Contact us today to schedule a consultation.
The Pendas Law Firm also represents clients in the Ocala, Orlando, Jacksonville, Miami, Fort Myers, Fort Lauderdale, Bradenton, Daytona Beach, and West Palm Beach areas.
Resource:
cdc.gov/transportationsafety/distracted_driving/index.html
