Can Passengers Sue After a Wreck in Miami?

Passengers in a vehicle involved in a Miami car wreck are generally entitled to pursue compensation, and Florida laws allow them to file claims against any party whose careless conduct caused the crash.

When injuries occur, Florida’s insurance system and liability laws allow passengers to sue if their losses exceed available insurance coverage or when another party’s wrongful conduct caused the collision.

Injury claims involving passengers are some of the cases The Morgan Law Group handles. Our Miami car accident attorney helps passengers know their options, depending on the circumstances of the wreck, the severity of their injuries, and which drivers contributed to the crash.

Legal Rights of Passengers After a Wreck in Miami 

A passenger is anyone riding in a vehicle who is not operating it, whether the passenger is a friend, rideshare user, coworker, family member, or even someone driving with a stranger through a carpool or rideshare arrangement.

In Florida, passengers have the same right to pursue compensation as any injured motorist, and in many cases, their claims may even be simpler because they typically bear no responsibility for causing the collision.

How Florida’s Insurance System Applies to Passengers

Florida is known for its no-fault accident system. 

Under this structure:

• Every driver must carry Personal Injury Protection (PIP).
• PIP covers 80% of reasonable medical expenses and 60% of lost wages up to $10,000.
• PIP extends to passengers if they do not have their own PIP coverage.

Because of this, a passenger often begins their claim by using the vehicle owner’s PIP policy. However, when injuries rise above the PIP threshold, the passenger may pursue a liability claim.

When Passengers Can Step Outside the No-Fault System

If the passenger’s injuries meet the statutory threshold for severity, a liability claim becomes an option. 

This threshold includes:

• Permanent injury
• Significant and permanent scarring
• Significant and permanent loss of bodily function

Once the threshold is met, a claim can be brought against the negligent driver(s) to recover compensation for pain and suffering, full medical costs, lost income, and the long-term effects of injury.

Liability claims also open the door to damages that PIP does not cover. For example, many passengers experience ongoing anxiety, trouble sleeping, or other psychological effects related to being in a vehicle again. These concerns often align with emotional and mental issues after a crash, which may also be recoverable if supported by medical documentation.

Who Can You Sue After a Wreck in Miami?

One of the unique challenges for passengers is learning where to direct their claims. Florida law allows passengers to pursue compensation from any party who contributed to the collision.

The Driver of the Vehicle You Were In

Passengers can file claims against the driver of their own vehicle if:

• The driver was distracted, speeding, or otherwise careless.
• The driver operated the vehicle under the influence.
• The driver violated traffic laws or engaged in dangerous behavior.

Even if the driver is a friend or family member, passengers can still file against their insurance, not the driver personally.

The Driver of Another Vehicle

If another driver caused the collision, passengers may file a liability claim against that driver’s insurance. 

This often happens when:

• The other driver rear-ends the vehicle.
• The other driver runs a red light.
• A lane-change collision occurs.

3. Both Drivers

When there is shared blame, passengers have the legal right to pursue claims against multiple drivers at the same time. Florida’s liability laws allow recovery from any negligent party contributing to the crash.

4. Employers in Work-Related Crashes

If one or more drivers were working at the time of the collision, the employer might be responsible under vicarious liability. 

This commonly applies in:

• Delivery vehicle crashes
• Company car collisions
• Rideshare-related incidents involving Uber or Lyft

5. Vehicle or Parts Manufacturers

While rare, defective brakes, airbags, or steering systems can contribute to crashes. If the evidence supports this, passengers may have a claim against the manufacturer as well as the drivers involved.

Understanding who to sue often depends on what the evidence shows. Passengers are encouraged to collect photographs, witness information, and medical documentation early on. This type of documentation helps attorneys prove negligence and hold the responsible parties accountable.

What if Multiple Drivers Are at Fault in a Crash?

Many collisions in Miami involve more than one negligent driver. Florida follows a modified comparative fault, meaning fault is divided among the parties based on their contribution to the wreck.

Passengers generally can’t be assigned fault unless they contributed in an unusual way, such as physically interfering with the driver or knowingly entering a vehicle with a clearly impaired driver. Without these exceptions, passengers remain eligible to recover full damages from any liable party.

If more than one driver shares fault, here is how compensation may work:

• The passenger can recover from both insurers. Each insurer pays its proportionate share of the damages.
• Total compensation may increase. When two policies are available, the passenger may have greater access to coverage.

Understanding whose conduct led to the collision is crucial, and police reports, witness statements, and video footage can be valuable.

Consult a Miami Injury Attorney to Help with Your Case   

Passenger claims often feel overwhelming, but Florida law provides clear protections for people hurt in motor vehicle collisions. You have the right to seek compensation, whether the at-fault party is the driver of your vehicle, another motorist, a company, or even a manufacturer. 

With a strong understanding of your options and the support of experienced auto accident attorneys in Miami, you can pursue the financial recovery needed to move forward.

If you were hurt while riding as a passenger, The Morgan Law Group can review your situation, explain your rights, and help you determine the next steps for pursuing a passenger filing a car accident lawsuit. 

Call us today at (305) 614-5235 or contact us using our online form for a free consultation about passenger injury claims after a wreck at our office in Miami.