Passengers in Car Accidents

PerazzoLawFirm-GoogleImageTHE PERAZZO LAW FIRM SERVES PASSENGERS HURT IN CAR ACCIDENTS IN MIAMI-DADE AND BROWARD

miami-posters-1-1416986-300x225Just like in most cosmopolitan cities throughout the U.S.A, dealing with traffic is an inevitable part of the everyday hustle and bustle for residents and visitors. And when it comes to driving, Miami has its fair share of rules and regulations with which to make getting around a safe and enjoyable experience.  A mecca for entertainment that appeals to visitors from all over the world, being a passenger in Miami can either be a moment to remember or one you wish to forget. Motor vehicles ranging from large and loud trucks to small and silent scooters can be spotted cruising Miami’s streets, avenues, and roads. To boot, modern rideshare and convenience delivery services such as Uber, Lyft, Amazon Prime Now, DoorDash, and InstaCart, can turn driving into a nightmare. Furthermore, when it comes to cluttering urban streets, the scooter craze has swarms of riders wreaking havoc on unexpecting motorists. This motorized reality has its dire consequences, as when combined with negligent cellphone use, the chances of an accident surge.

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PASSENGER ACCIDENTS  Passengers and drivers are almost always hurt when cars collide, especially at high speeds and on highways. Studies find that passengers are just as likely to suffer the same, if not worse injuries than the driver of the car in which they were riding. Fortunately, passengers injured in car accidents have the legal right to hire a personal injury lawyer with whom to seek compensation for damages or losses incurred from an accident. Even though there are accident cases in which a motorist will have no right to claim for damages or injuries, the passenger will be found free of fault in 9 out of 10 accident cases. A driver’s insurance policy, (See TOP TEN INSURANCE POLICIES), will often be limited to how much it can offer in compensation for medical expenses and other damages. This point becomes crucial when the passenger has suffered severe personal injuries which exceed the driver’s insurance policy limit. If legal proceedings follow the incident, a court ruling will have to determine fault for the accident. When a motorist is found to not be at fault, he/she will not be held legally liable for the passenger’s claim for personal injury compensation. This does not particularly mean that the passenger should not seek compensation for serious injuries or losses incurred by the accident. When an accident involves two or more motor vehicles, the passenger should hire a Personal Injury Lawyer to seek compensation from the insurance providers of the other motorists. Perazzo Law reminds passengers hurt in car accidents that they have the legal right to seek compensation for their personal injuries, damages, and losses in Miami. 

dad-1470171-300x225TOP 5 STEPS FOR A PASSENGER IN AN ACCIDENT

  1. Unless your life is in further danger, do not move or let anyone move you until the proper authorities arrive.
  2. Attend to any evident severe personal injuries.
  3. If physically possible, take photos of the accident scene and get the contact info of the other drivers and of any witnesses.
  4. Gather copies of all police and medical reports.
  5. Call 800-PERAZZO

Under Florida Law, every registered vehicle owner and operator must carry Personal Injury Protection (PIP)

WHAT YOU SHOULD KNOW ABOUT PIP INSURANCE

What happens when PIP insurance does not cover the full amount of injuries or damages incurred from a car accident?

In a perfect world, the car accident wouldn’t have happened. In a semi-perfect world, which is the one most Miami residents think they live in, the driver at fault and his/her insurance provider would swoop down upon them and make sure they are ok, that their family is ok, that all their medical bills are covered in full, and that they recover fully from all physical and emotional damages suffered, and live happily ever after. In the real world in which we live, things do not pan out the way they should or the way most people think they should.” Perazzo Law

A COMMON OCCURRENCE

A passenger suffers a broken hip in a car accident and must be taken to the hospital for emergency medical treatment. The victim’s hospital bills to treat a broken hip start at six figures. Who’s going to pay for this?

“Fortunately, Florida law dictates all registered motor vehicle owners and operators to carry Personal Injury Protection (PIP) to cover the first $10,000 in medical bills or damages. Sadly, in the real world of car insurance, PIP, even if stretched-out across the amount-due board, won’t go a very long way. That said, the injured party will be somewhat liable for the remaining balance due for copayments and deductibles. Overall, the injured party will owe the copayments and deductibles on the first ten thousand, as well as whatever amount PIP did not pay. In other words, payment for medical bills fall legally on you. There is light at the end of the tunnel as the person found at fault for the accident and the injuries sustained, will ultimately be responsible to pay the bills, but that could take months or even years. In the meantime, the bills belong to you, with the hospital or medical providers seeking to recover the amount owed for services rendered through a possible lawsuit. This is when it pays to have healthcare insurance in America.  In the event the motorist and the insurance provider are unable to cover YOUR bills after the first $10K from PIP, your private healthcare provider would pick-up the slack, leaving you only responsible for the contractual duty, which may be a copayment or deductible depending on each person’s particular insurance policy. In other words, without private healthcare insurance, the injured passenger would be legally liable for payment to healthcare facilities for all medical services rendered. Although the system may not seem fair to a passenger that was not at fault, it does try to have some sort of balance.” Perazzo Law

GREAT, YOU HAVE REACHED A SETTLEMENT!

Insurance companies are in the business of making money, thus they have a lien to be first in line when it comes to getting paid for any, if not all the bills that they have paid. Thus, if you or a passenger gets a $100,000 bill for medical expenses, the medical facilities and insurance providers will adjust the costs according to their contractual agreements and reduce the final amount owed. The lower the insurance companies liens, the more in-pocket compensation for the injured party. In the event an at-fault motorist carries a million dollar policy, a $100,000 compensation settlement to cover medical bills, damages, or losses is highly viable. Whereas, in the event a driver holds a $100K policy and causes $1M in personal injury, damages, or losses, his/her assets would come into play through a lawsuit brought-on by the injured party’s personal injury attorney.

WORST CASE SCENARIO FOR INJURED PARTIES IN CAR ACCIDENTS

What happens if the motorist at fault doesn’t have insurance, and you or a passenger doesn’t have health insurance and or Uninsured Motorist coverage?

In the event there exists no insurance coverage to pay for medical bills, a lawsuit targeting the assets, if any, of the motorist responsible for the accident can be filed. However, this would most likely involve multiple years of litigation and could result in the accused filing bankruptcy or simply not have any funds to compensate for your medical bills. This said, Perazzo Law recommends all motorists to be prudent in this non-perfect world and to be insured against the unexpected.

Personal Injuries from a car accident may not seem realistic to you or a loved-one. But they happen, basically because we live a world that’s chaotic in which people get into accidents everyday, Perazzo Law advises motorists and all individuals alike, to carry insurance coverage to help cover the costs of what could be possible life-altering events.

miami-skyline3-1234082-300x200If you, a friend or relative has been hurt in a motor vehicle accident in Miami-Dade or Broward Counties, either as a driver or a passenger, contact the Perazzo Law Firm’s Miami or North Miami Beach offices ONLINE or CALL (786) LAWS-411 for a FREE consultation.

PERAZZO LAW – DEDICATED TO PUTTING YOUR INTEREST FIRST