What Are My Rights as a Passenger in a Car Accident in Florida?

Short answer: yes. As a passenger you can almost always recover compensation after a Florida car accident, because passengers are rarely at fault. Your medical bills and lost wages are paid first by Personal Injury Protection (PIP) insurance, no matter who caused the crash. If your injuries are serious enough, you can then bring a claim against the at-fault driver, which may include the driver of the car you were riding in. In most cases you have two years from the crash to file a lawsuit.

This guide explains how that works, who pays, and the mistakes that cost injured passengers money. If you were hurt in a crash, our Florida car accident attorneys can review your situation for free.

Step 1: PIP Pays First, Whoever Was at Fault

Florida is a no-fault state, and as of October 2026 that is still the law. Bills to repeal PIP have been filed repeatedly, including in the 2026 session, and none has become law. Under Florida Statute 627.736, PIP works like this:

Medical bills	80% of reasonable expenses
Lost income	60% of lost wages
Maximum benefit	$10,000 total ($2,500 if a doctor does not find an emergency medical condition)
Treatment deadline	Initial care within 14 days of the crash

Whose PIP applies to a passenger? If you own a car, or live with a relative who does, that household policy generally pays first. If you have no PIP of your own, the PIP policy on the vehicle you were riding in generally covers you. Because passenger claims can involve several policies, it is worth having a lawyer confirm which one applies.

The 14-day rule: to use PIP at all, you must receive initial treatment from a doctor, hospital, dentist, chiropractor, or other qualifying provider within 14 days. Passengers who feel fine and wait often lose this benefit.

Step 2: When You Can Sue for More

PIP is capped at $10,000. To recover pain and suffering from a driver, Florida requires your injury to meet the serious injury threshold in Statute 627.737. That means one of the following:

• Significant and permanent loss of an important bodily function
• A permanent injury, within a reasonable degree of medical probability, other than scarring or disfigurement
• Significant and permanent scarring or disfigurement
• Death

Medical bills and lost wages that PIP does not cover can be claimed from the at-fault driver regardless of the threshold.

Who Can a Passenger Claim Against?

• The driver who caused the crash and their insurer.
• The driver of your own car, if their negligence contributed. This is less awkward than it sounds, because these claims are usually paid by insurance.
• The vehicle’s owner, in some cases. Under Florida’s dangerous instrumentality doctrine, an owner who lends a car can be liable for the driver’s negligence.
• A rideshare company or employer. Uber and Lyft carry up to $1 million in liability coverage while a trip is underway. See how rideshare claims work with our Uber accident attorneys.
• Your own uninsured or underinsured motorist (UM/UIM) coverage.

The Coverage Gap Most Passengers Do Not Know About

Florida requires most drivers to carry only $10,000 in PIP and $10,000 in property damage liability. It does not require them to carry bodily injury liability coverage. That means the driver who caused your crash may have nothing to pay for your injuries beyond PIP. This is why passengers should check every policy that might apply: the at-fault driver’s, the driver of your car, your own, and any relative’s in your household. For more, read what happens if an uninsured driver hits you in Florida.

Can a Passenger Be Partly at Fault?

Passengers almost never cause a crash, but they can share blame for their own injuries. Under Florida’s modified comparative negligence rule (Statute 768.81, changed by HB 837 in 2023), your recovery is reduced by any share of fault assigned to you, and it is barred if you are found more than 50% at fault. Insurers most often raise three arguments: that you were not wearing a seat belt, that you knew the driver was impaired, or that you distracted the driver. These arguments can usually be answered, but they are a good reason to avoid giving recorded statements before you have advice. Learn more in our guide to HB 837 and modified comparative negligence.

Example: How a Passenger Claim Can Unfold

This is an illustrative scenario, not a past client case. A passenger in her friend’s car is injured when a third driver runs a red light in Orlando. She assumes she has no claim because she was “only along for the ride.” In fact, she sees a doctor within 14 days, so PIP pays 80% of her medical bills. The at-fault driver turns out to carry no bodily injury coverage. Her own household policy and her friend’s policy may include uninsured motorist coverage, and a lawyer’s first job is to find every policy that could apply. The largest recoveries often come from coverage passengers did not know they had.

What to Do After a Crash as a Passenger

1. Get medical care within 14 days, even if you feel fine.
2. Get the police report and the name and insurance details of every driver.
3. Identify every policy that could cover you, including UM coverage in your household.
4. Do not give a recorded statement to any insurer before talking to a lawyer.
5. Keep records: photos, bills, and any missed work.
6. Talk to a lawyer before signing a release or accepting a settlement offer.

How Long Do I Have to File?

For most negligence claims in Florida, you have two years from the date of the crash (Statute 95.11), including wrongful death claims. Claims involving a city bus or other government vehicle have additional notice requirements, so do not wait. See the steps in a Florida personal injury lawsuit or estimate your claim with our settlement calculator. When you are ready, you can request a free consultation.

Frequently Asked Questions

Can a passenger be held at fault for a car accident in Florida?

Rarely. A passenger does not cause a crash unless they physically interfere with the driver. A passenger can share fault for their own injuries, for example by not wearing a seat belt, and recovery is barred only if the passenger is found more than 50% at fault.

Does Florida still have no-fault insurance?

Yes. As of October 2026, Florida’s no-fault law remains in effect and PIP is still required. Bills to repeal it have been filed repeatedly, including in 2026, but none has become law.

What insurance pays first if I am injured as a passenger in Florida?

Your Personal Injury Protection (PIP) coverage pays first, up to $10,000, regardless of fault. If you own a car or live with a relative who does, that household policy generally applies. Otherwise, the PIP on the vehicle you were riding in generally applies.

Can I sue the driver of the car I was riding in?

Yes, if the driver’s negligence caused or contributed to the crash and your injuries meet Florida’s serious injury threshold for pain and suffering damages. These claims are usually paid by the driver’s insurance. Florida does not require most drivers to carry bodily injury liability coverage, so uninsured motorist coverage and other policies often matter.

How long do I have to file a passenger injury lawsuit in Florida?

Two years from the date of the crash for most negligence claims, including wrongful death. Claims involving government vehicles have extra notice rules, so act quickly.

What if the driver who hit us was uninsured or left the scene?

You may be able to claim through uninsured motorist (UM) coverage on your own household policy or on the policy covering the vehicle you were in. Report the crash to police right away, because insurers will want proof.