Please accept this common question from the accident lawyer from Boca Raton (injury lawyer Delray Beach, accident attorney Boynton Beach, injury attorney Lake Worth, accident lawyer West Palm Beach, injury attorney Lake park, accident lawyer Manalapan) here at Drucker Law Offices.
If you have been in an accident where you believe the other car or the place where you were injured is at fault, please call Drucker Law Offices for a free consultation at 561-483-9199 (Boca Raton Main office) or 954-755-2120 (Coral Springs satellite office) or 305-981-1561 (Miami satellite office).
Generally, if you are a passenger, then you cannot be at fault. It is common that someone who is a passenger in the car will make a claim against the driver of their car, if that driver is at fault. In terms of recovering money for your injuries, Florida law is a FAULT state, so your claim would be against the at fault driver in a car accident. They key point here is that you can make an injury case against the driver of the car you are in, IF THE DRIVER OF THE CAR YOU ARE IN WAS AT FAULT.
There is one exception that is worth mentioning. If you live with and are related (by blood or marriage) to the driver of the car you are in, that could preclude an insurance claim against the driver’s insurance, as there is a common exclusion against making a claim against a resident relative (in other words, if you live with your brother who causes an accident where you are a passenger, a claim for bodily injury against his policy very well may be excluded). In some policies, there are exclusions for situations where you are solely a relative or solely because you live with them. Thus, it is important to read the insurance policy to see exactly how the exclusion is worded.
Of course, every case is unique and has to be judged based on the specific facts of the case. The advice in this blog is intended to be general in nature and should not to be construed as specific advice for a case, as a slight difference in the facts could ultimately change the result. Also, this blog is, as the web site suggests, based on Florida law and the laws of any other states or another country could vary significantly from Florida.
If you have any questions regarding an injury case, please call Drucker Law Offices at 561-483-9199 in the principal office, 954-755-2120 in the satellite Coral Springs office, 305-981-1561 at the satellite Miami office, 561-265-1976 at the Boynton Beach office or 561-686-7070 at the West Palm Beach office.
