What Are My Rights If I’m A Passenger Injured In A Car Accident?

If you’ve been injured as a passenger in a car accident in Florida, you may be confused about your legal rights. You weren’t driving. You didn’t cause the crash. But now you’re left with medical bills, pain, and unanswered questions.

At Mickey Keenan P.A., we often hear:

“Who’s responsible for my injuries?”
“Will I have to sue my friend or family member?”
“What if both drivers were at fault?”

This article breaks down your rights as a passenger, how liability works, what insurance covers, and how to protect yourself after an injury.

Who Is Responsible When A Passenger Gets Hurt?

As a passenger, you’re rarely at fault for the accident, which makes your claim relatively straightforward from a liability perspective.

You may have a right to file a claim against:

The driver of the vehicle you were in (if they were at fault)
The driver of the other vehicle
Both drivers (if fault is shared)

According to the National Highway Traffic Safety Administration (NHTSA), passenger injuries account for a significant portion of traffic fatalities and serious injuries each year—underscoring the importance of knowing your rights.

Florida’s No-Fault System And PIP Coverage

Florida is a no-fault state, which means every driver (and passenger) must first turn to their own insurance for coverage—regardless of who caused the accident.

As a passenger, you may be covered under:

Your own Personal Injury Protection (PIP) insurance (if you have it)
The PIP policy of the driver or vehicle owner
A household member’s PIP policy (such as a spouse or parent)

PIP in Florida typically covers up to $10,000 in medical expenses and lost wages—but that amount doesn’t go far if your injuries are serious.

Learn more about Florida’s no-fault insurance rules at the Florida Office of Insurance Regulation.

What If My Medical Bills Exceed PIP Coverage?

If your injuries are serious or permanent—such as broken bones, head trauma, or long-term disability, you may step outside Florida’s no-fault system and file a personal injury claim against the at-fault driver(s).

You may be eligible to recover for:

Medical expenses not covered by PIP
Future treatment and rehab
Lost wages and reduced earning capacity
Pain and suffering
Emotional distress

This is where an experienced Florida car accident attorney becomes essential. At Mickey Keenan, P.A., we build strong cases to pursue maximum compensation on your behalf.

Can I File A Claim Against My Friend Or Family Member?

Yes—and many injured passengers feel uneasy about it. If your loved one was driving, you may need to file a claim against their insurance to get your bills covered.

Here’s what to know:

You’re filing against their insurance, not suing them personally.
They won’t pay out-of-pocket unless they are uninsured or underinsured.
It’s your right to be made whole, especially if your injuries are serious.

The Insurance Information Institute reminds passengers and drivers alike that auto liability insurance is designed to protect everyone in the vehicle—not just the driver.

What If Both Drivers Were At Fault?

You may be able to file claims against both drivers’ insurance policies, especially if the crash involved:

Speeding
Distracted driving
Impaired driving
Running red lights or stop signs
Reckless maneuvers

In these cases, liability is shared, and so is financial responsibility. This is known as comparative negligence in Florida.

Florida uses a modified comparative fault rule, meaning you can still recover compensation even if multiple parties contributed to the crash—as long as you were not more than 50% at fault. (As a passenger, your percentage of fault is typically 0%.)

What If The Driver Is Uninsured?

Unfortunately, many Florida drivers don’t carry sufficient insurance—or any at all. If the at-fault driver is uninsured or underinsured, you may still be covered through:

Uninsured/Underinsured Motorist (UM/UIM) coverage on your own policy
UM/UIM on a household member’s policy
A lawsuit (though collecting may be difficult without insurance)

What To Do If You’re Injured As A Passenger In A Car Accident

Follow these steps to protect your health and legal rights:

Call 911 and ensure the accident is documented
Get medical treatment immediately (even if you feel fine)
Get a copy of the police report
Take photos of the scene and injuries
Get insurance details for both drivers
Avoid discussing fault or posting on social media
Speak to a car accident attorney before talking to insurers

FAQs: Passenger Rights After A Florida Car Accident

Can I Still File A Claim If I Wasn’t Wearing A Seatbelt?

Yes, but the amount you recover may be reduced. Florida allows “comparative fault” reductions if your actions contributed to your injuries.

Do I Need A Lawyer If I’m Just Dealing With Insurance?

Absolutely. Insurance adjusters work for their company—not you. Our Tampa, FL car accident lawyer ensures you don’t settle for less than you deserve.

What If I’m Hurt In An Uber Or Lyft?

You can file a claim under the rideshare company’s insurance, which typically offers $1 million in liability coverage. Read more from Uber’s Safety and Insurance page.

Let Mickey Keenan, P.A. Help You Recover

As a passenger, you deserve to feel protected—and compensated—after a crash. At Mickey Keenan, P.A., we help injured passengers across Florida get the care, compensation, and justice they deserve.

Don’t delay. The sooner we start your case, the stronger it will be.

Call 813-871-1300 or schedule a free consultation today. We’re here to help you get back to living!