Personal Injury Video Law Tip
“Yes, it would cover you. What we have to decide is whether the driver is at fault or not, whether you are going to sue the driver, and then their bodily injury coverage would cover you for those injuries. Their UM policy may also cover you as a passenger in the vehicle.”
– Bill Abel, Florida Personal Injury Lawyer at McLaughlin & Stern LLP in West Palm Beach
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He Said Bill Abel, Personal Injury Lawyer
Topic I was a passenger in a car that was in a Florida Accident. Does the driver’s insurance cover my injuries?
It really depends on who caused the injuries. If the driver of the vehicle you are in causes or contributes to the accident, then yes. The bodily injury portion of their insurance policy would cover your injuries, assuming that they actually purchased bodily injury insurance. (Remember, under Florida law, a vehicle owner is only required to have property damage and PIP – personal injury protection – for their insurance.) As a result, it is important that you purchase uninsured or underinsured (UM) auto insurance if you own a car. UM insurance protects you when someone else causes you injuries in an auto accident. If you have UM insurance, it would not make a difference if the driver of your vehicle caused the accident or if another driver caused the accident. Under either situation, you would have your own insurance to pay for your injuries.
– Bill Abel
She Said Dena Sisk Foman, Personal Injury Lawyer
Topic I was a passenger in a car that was in a Florida accident. Does the driver’s insurance cover my injuries?
The passenger is the most innocent of all in a car accident. Unless the passenger grabs the steering wheel or takes some action to cause an accident, they can typically recover, no matter who is at fault. So long as the passenger is not a relative of the driver, even if the driver is at fault, they can recover from the driver. For instance, you are a passenger in a car driven by a friend and your friend fails to break in time and hits a car from the rear. Your friend is at fault but you should be able to recover from your friend’s insurance. On the other hand, if you are a passenger in a car and another car causes an accident which involves the car where you are a passenger, your recovery will be from the “at fault” party. In both situations, your uninsured motorist coverage should provide coverage in excess of the coverage of the party that caused the accident.
– Dena Sisk Foman
Personal injury law video number 100045: Video: I was a passenger in a car that was in a Florida Accident does the driver's insurance cover my injuries?