When Can a Passenger Sue for Injuries in a West Palm Beach Car Accident?

Whether riding with a friend, in a rideshare, or on public transportation, passengers are just as vulnerable to serious injuries when a crash occurs. Unlike drivers, however, passengers are almost never at fault for an accident, meaning they often have the strongest legal claim for compensation.

In Florida, passengers injured in a West Palm Beach car accident may recover their damages (medical expenses, lost wages, pain and suffering) through personal injury protection (PIP) insurance, liability claims, or personal injury lawsuits. However, the process depends on who was at fault, the severity of injuries, and the type of insurance coverage involved.

Consult a West Palm Beach car accident attorney to discuss when passengers can sue for injuries, what Florida laws apply, and how victims can recover medical expenses, lost wages, and pain and suffering after an accident.

Florida’s No-Fault Insurance and Passenger Rights

No-Fault Insurance, also known as Personal Injury Protection (or PIP), pays for medical bills and lost wages regardless of whether you are at fault for a crash. Still, PIP is only $10,000, which can be depleted by a single hospital visit.

Florida Statute § 627.736 – Personal Injury Protection (PIP)

Under Florida’s PIP law, every automobile insurance policy must include at least $10,000 in PIP coverage, which covers:

• 80% of medical bills (up to the PIP limit).
• 60% of lost wages.
• $5,000 in death benefits if the accident is fatal.

However, PIP insurance does not cover pain and suffering and has strict limitations on coverage amounts. If a passenger’s medical bills and lost wages exceed PIP limits, additional compensation can come from the at-fault driver’s insurance or the uninsured motorist coverage on the host vehicle or the passenger’s own automobile insurance policy.

When Can a Passenger Sue for Injuries?

If Another Driver Was at Fault

If another driver caused the accident, the injured passenger can file a third-party liability claim against that driver’s bodily injury (BI) insurance or sue for damages. Florida law does not require bodily injury coverage, but many drivers carry it voluntarily.

If the Driver of the Passenger’s Vehicle Was at Fault

If the passenger was riding in a car where the driver caused the crash, they can file a claim against that driver’s insurance. This could include:

• A friend or family member driving negligently.
• A rideshare driver (Uber/Lyft) who caused the accident.
• A bus driver or public transit operator.

Passengers may file a claim against the driver’s liability insurance or sue if the driver’s negligence directly led to the crash.

If the At-Fault Driver Was Uninsured or Underinsured

If the at-fault driver does not have insurance, an injured passenger may recover compensation through:

• Uninsured/Underinsured Motorist (UM/UIM) Coverage – If the host vehicle in which the passenger was riding has UM/UIM coverage, or if the passenger’s insurance policy includes UM/UIM coverage, those policies can pay for injuries when the at-fault driver lacks sufficient insurance.
• A Personal Injury Lawsuit – Passengers may sue the at-fault driver personally, but recovering damages may be difficult if the driver lacks assets.

5. If the Accident Involved a Rideshare or Commercial Vehicle

Passengers injured in rideshare accidents (Uber/Lyft), taxi crashes, or bus collisions may file claims against the company’s commercial insurance policy.

• Uber/Lyft Accidents – Rideshare companies provide up to $1 million in liability coverage for passengers when a ride is in progress.
• Bus or Public Transit Accidents – If a Palm Tran bus or another public vehicle caused the crash, special rules under sovereign immunity laws limit claims (Florida Statute § 768.28).

Who Pays for a Passenger’s Medical Bills After a Car Accident?

Passengers often have multiple options for covering medical expenses after an accident:

Personal Injury Protection (PIP) Insurance

If the passenger owns a vehicle, they can use their own PIP or Personal Injury Protection insurance. PIP typically provides coverage for the first $10,000 in medical expenses. If they do not own a car and do not have PIP coverage, they may file under:

• The PIP policy of the driver’s vehicle (if they were riding in a friend’s or family member’s car).
• The PIP policy of a household relative (if applicable).

Liability Insurance from the At-Fault Driver

Once PIP limits are exhausted, passengers may file a claim against the at-fault driver’s liability insurance.

Health Insurance

If PIP does not fully cover medical bills, the passenger may use private health insurance to cover the remaining costs.

Uninsured/Underinsured Motorist Coverage

If the at-fault driver does not have insurance (is uninsured) or doesn’t have enough insurance (is underinsured), passengers may file a claim under the host vehicle’s or their own uninsured/underinsured motorist (UM/UIM) policy.

What Damages Can a Passenger Recover in a Lawsuit?

Passengers injured in a West Palm Beach car accident may seek compensation for:

• Medical expenses (hospital bills, rehabilitation costs, surgeries).
• Lost wages and future earnings (if unable to work due to injuries).
• Pain and suffering (emotional distress, PTSD, reduced quality of life).
• Permanent disability or disfigurement (long-term impairments).
• Wrongful death damages (if the passenger was killed, their family may file a wrongful death claim).

Steps to Take After a Car Accident as a Passenger

1. Seek Medical Attention Immediately – Even if injuries seem minor, see a doctor.
2. Report the Accident – Ensure a police report is filed, which documents the crash details.
3. Gather Evidence – Take photos of the accident scene, injuries, and vehicle damage.
4. Get Contact Information – Collect details from drivers, witnesses, and insurance companies.
5. Do Not Accept a Quick Settlement – Insurance companies may try to minimize payouts—consult an attorney first.
6. Speak to a Personal Injury Lawyer – A legal professional can help determine who is liable and how to maximize compensation.

Contact Smith, Ball, Báez & Prather

Passengers injured in West Palm Beach car accidents have multiple legal options for pursuing compensation. Whether the accident was caused by the driver of their vehicle, another driver, or a rideshare company, passengers can seek medical coverage, lost wages, and pain and suffering damages.

Because Florida’s no-fault insurance system has strict rules and limitations, working with a personal injury attorney is the best way to ensure maximum compensation. If you or a loved one were injured as a passenger in a car accident, don’t wait to explore your legal rights.

If you were injured as a passenger in a car accident, the legal team at Smith, Ball, Báez & Prather is ready to help. We will investigate your claim, determine liability, and fight for the compensation you deserve.

Contact us today for a free consultation to discuss your case and learn more about your legal options.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0627/Sections/0627.736.html