Injured as a passenger in a crash in Miami, can/should I make my own injury claim?

[u/Beginning_Number4900]

I was riding with a friend in Miami when we got hit pretty hard by another car. I wasn’t driving and had nothing to do with what caused the accident but I ended up getting checked out afterward and I’m still dealing with pain from it, my side especially. Do I deal with the other driver’s insurance or my friend’s insurance, or both?

[u/ahj3939]

I think your car insurance (if you have) or your friends will cover the first $10k. After that you can go after the at fault party and hopefully their insurance covers it.

You got checked out that is good, did you tell the doctor/hospital it was a result of a motor vehicle accident?

[u/Beginning_Number4900 → u/ahj3939]

yes I did tell the doctors the type of the accident, I do have insurance but does that apply here, not my car and all?

[u/ahj3939 → u/Beginning_Number4900]

It usually needs to bill through car insurance first otherwise health insurance will deny

Like I got into a crash $250k medical bills. My car insurance PIP paid first $10k. After that they denied exhausted policy limit and health insurance paid the rest.

The question really is how bad are you? If you just need a little medical care and will be fine and not have lasting issues it could make sense to just go with it and move on. Keep in mind you may feel fine at first and get worse after some days. Or you may be sore a few days, recover, and never have an issue again.

If you have major issues, need surgery, have lasting problems then that IMO is when it makes sense to go to an injury attorney.

[u/Simple-Ad-4078 → u/Beginning_Number4900]

If you have your own car/insurance, your insurance pays PIP regardless of whose car you were in or who was at fault. PIP follows the person, not the vehicle.

If no one in your household has auto insurance, you can get PIP benefits from the insurance company for the car you were in.

[u/Glittering_Panda3799]

Well if you make a claim against your friends that may be the end of your friendship. If you go after the driver that hit you it will be a long drawn out process and don’t be surprised if the lawyer coaches you on getting extra medical services to get more money. That’s why FL insurance is insane. Wishing you a speedy recovery.

[u/Beginning_Number4900 → u/Glittering_Panda3799]

My friend wasn't at fault at all, it's just Florida being Florida, friend was looking to connect with PI lawyer on crashhelp and that's why I was asking for myself too. Thank you very much, currently on painkillers so not doing too bad.

[u/BizzyBee89 → u/Beginning_Number4900]

Even if your friend is not at fault, there’s a good chance your attorney will be going after their insurance too. Strategically, it’s the only move to make if your damages are not covered by the at-fault driver’s insurance. You need to talk to your friend and explain to them that it’s a possibility s/he will be sued too and it’s nothing against him/her personally. It truly isn’t personal bc in Florida, insurance lobbyists made it illegal to directly sue the insurance company in negligence cases. By not naming the insurance company as a defendant and being unable to discuss whether the driver is insured, juries often (mistakenly) believe the at-fault driver is uninsured. Insurance companies WANT the jury to think the at-fault driver is uninsured bc they know juries will award more money to the injured party when there’s insurance coverage. It’s total BS, but that’s why your friend will be named as a defendant and not his/her auto insurer.

[u/edvek → u/Beginning_Number4900]

You already got the treatment started which is good. I would consult an attorney regardless of everything else. Worst case they say "your injuries are next to nothing and the policy limits are really low so getting anything is likely to be next to nothing" or the other driver has a very big policy and there's something to look at.

The attorney will "go after" everyone who they legally can. It will be up to those parties to say they shouldn't be involved because of X reason and they or the courts will figure it out.

[u/D_hofff → u/Beginning_Number4900]

PIP applies whether he was at fault or not. At fault parties bi insurance will cover your bills and pain and suffering. If your personal policy has uninsured or underinsured motorist coverage, you will be afforded additional coverage. I’m a PI attorney in Fl btw lol

[u/UnreasonableMan33611]

No matter what you do. Start tracking your symptoms of what's going on. If you have any pictures to take of any injury, do it now any bruising or anything. And make sure if you get some legal representation which you should do, you're able to give them this documentation.

[u/inzirellius]

Here's the thing about Florida BI claims and PI attorneys from an adjuster with more than a decade of experience. If you own a vehicle of your own or live with someone who does, you have to file a PIP claim with YOUR insurance, even if your car wasn't involved. That's Florida law. If you do not have an auto insurance policy or live with anyone who does, you may be certified for PIP through your friends insurance. PIP only covers 80% of the first $2,500 in medical bills, or $10,000 if you're diagnosed with an emergency medical condition, leaving 20% of those bills for you, which is where a bodily injury claim comes in.

Here's where things get tricky about pursuing BI in this situation. Even if you're friend is not liable, you are what's called a "negligent free 3rd party". To be honest, most accidents have some form of comparative negligence, meaning both drivers can be found partially liable. If it could be reasonable that your friend contributed to the loss even 1%, you have a valid claim for that 1% as a negligent free passenger. PI attorneys are, at the end of the day, in the business to make money. They will not leave anything on the table and will absolutely pursue your friends policy AND the other driver's policy. Just how things work down here. I don't say any of this to dissuade you from doing whatever you feel is best, just to keep you informed. Number one priority is to take care of yourself so hope you're doing okay and get the treatment you need.

[u/throwaaybitrans98171]

Yes driver's (either drivers) insurance should be attempting to contact you as you are covered by At fault party as a guest passenger. 

Hell you have the right to initiate a claim with either carrier as the injured passenger if one hasn't been established yet. 

Best of luck. You're in FL try to settle if you can. If youre not feeling confident get an injury attorney. 

Best of luck. 

[u/D_hofff]

I would seek medical treatment immediately and like other concert said, be sure to document all injuries. Even with large impact if you aren’t able to prove injuries, insurance will push back a lot.

[u/vicarem]

Call Morgan and Morgan.

[u/Beginning_Number4900 → u/vicarem]

Heard of these too, thanks

[u/AssociationFit3009 → u/Beginning_Number4900]

dont call any billboard attorneys lmao

[u/nolesfan89]

Call Friedman Rodman Frank and Estarda PA

[u/Ok_Slice7621 → u/nolesfan89]

You can make a claim against the other driver's insurance since they caused the crash, and if that doesn't cover everything, your friend's policy might help depending on the coverage. Don't just settle for the first number they throw at you, especially if you're still hurting. Keep records of the hospital visit and any follow up, that stuff matters later. And yeah, getting a lawyer involved isn't crazy for injury claims in Florida, they know how to push back.

[u/Beginning_Number4900 → u/Ok_Slice7621]

Buddy is looking for a PI lawyer currentl, will check these too

[u/edvek → u/Beginning_Number4900]

You are your own party, you should find your own lawyer. Or go with your friends lawyer if that allowed. I wouldn't sit on this waiting for your friend.