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FL passenger in high speed collision

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fldriver850

New member
Florida. I was riding with a friend and a 16 yr old pulled out in front of us causing a collision at 55mph. I went to the hospital and they did some xrays and ct scans. I had abrasion to my head, contusion to chest wall, prescribed antiinflammatory and muscle relaxers, and recommended to see specialist for foot injury. I'm not sure if my foot injury will heal in a week or a month but right now I can't put weight on it. I work odd jobs and I'm not sure if I can provide evidence of lost wages but now I can't do my jobs. My questions are should I file a claim through my parents insurance (I don't have insurance myself but a live in family member does), the driver of the vehicle I was in, or the at fault driver. Also will a settlement offer only cover past medical bills or will I be able to get any additional compensation. From what I was able to learn it seems you need a permanent injury to get anything more than my medical bills paid
 


FlyingRon

Senior Member
What is wrong with your foot? You are correct, without a real job or some tangible injury (like broken bones), you're not likely to get anything other than your direct medical expenses.

Your statement is confusing. You can submit medical claims to the other driver's insurance and to the driver of the car you are in. Unless you are an insured party otherwise, you don't get benefits because you live with someone who has insurance. If you mean, they were allowed to and did put you on their insurance policy, then yes file with them as well.

The insurers involved will send a request for information later called a "coordination of benefits" so they can duke out amongst themselves which policy is going to pay for what.
 

adjusterjack

Senior Member
Ron, you are overlooking that Florida is a no-fault state. For an injured person to collect from an at-fault driver he must prove that his injury exceeded the threshold required by Florida statute 628.737(2):

(a) Significant and permanent loss of an important bodily function.
(b) Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement.
(c) Significant and permanent scarring or disfigurement.
(d) Death.
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0600-0699/0627/Sections/0627.737.html

It's probably too early to tell if he meets that threshold.

Meantime, his friend's PIP (Personal Injury Protection) will cover him as a passenger to whatever PIP limits the friend has on his auto insurance policy. PIP covers medical costs and loss of earnings.
 

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