Can a Passenger Sue in a One-Car Accident in Florida? What Does the Law Really Allow
Jenna Kakley
Accident Lawyers
Premises Liability
Yes, in Florida a one-car crash can still result in a valid passenger injury claim. If you were hurt as a passenger in a one-car crash in Port Charlotte, North Port, or somewhere else in Charlotte County, you may be dealing with two problems at once:
You’re injured — and you’re stuck thinking, “It was only one vehicle… and the driver is someone I know… do I even have a case?”
In Florida, a single vehicle accident can still create a valid passenger injury claim. In many situations, insurance coverage is built for exactly this scenario, even when there was no second car involved.
At All Injuries Law Firm, we’ve helped injured people across Southwest Florida for more than 35 years, and we’ve seen the same passenger worries come up again and again — especially when the driver is someone the passenger cares about.
How a passenger can have a claim even if only one car crashed
A “one-car crash” usually means the vehicle left the road, hit a fixed object, rolled over, or lost control in weather or road conditions.
But legally, the important question isn’t how many vehicles were involved.
Was someone’s negligence a cause of the crash or the injuries?
That “someone” might be:
• The driver of the car you were in.
• The owner of the vehicle (sometimes different from the driver).
• Another driver who caused a swerve and never stopped (a “phantom vehicle” situation).
• A manufacturer (tire blowout, brake failure, seatbelt or airbag failure).
• A government entity or contractor responsible for a dangerous road condition (these claims have special rules and limits).
This is why “no other car” does not automatically mean “no case” for an injured passenger.
Passengers are rarely blamed but Florida comparative fault can still come up
In most crashes, passengers don’t make the driving decisions — speed, following distance, lane choices, reaction time, or whether to drive tired or distracted.
That’s why passengers are rarely blamed as the primary cause of a crash.
Still, Florida uses a comparative fault system in most negligence cases. That means an insurance company may try to argue you share some responsibility, and that can reduce what they pay. You can read the statute here: F.S. 768.81
In passenger injury cases, fault arguments usually show up in a few specific ways:
The seat belt defense (arguing injuries were worse because a belt wasn’t used).
Claims you knowingly rode with an impaired or reckless driver.
Claims you interfered with the driver.
One practical reality: insurers often raise these issues early because that’s where they believe payouts can shrink — not because passengers “caused” the crash.
In many cases the driver’s insurance pays and it doesn’t have to be personal
A big emotional blocker is this:
“If I make a claim, I’m suing my friend or family member personally.”
In many cases, a passenger claim is handled as an insurance claim, not an attempt to take money out of the driver’s pocket. The driver’s auto policy — and sometimes other policies — is designed to respond when someone is injured.
“Most passenger claims aren’t about punishing the driver. They’re about making sure the injured person gets medical care and financial stability through the insurance that’s already in place.” — Corbin Sutter
That’s what we mean by Victory for the Injured — not hype, but real stability: care, answers, and a plan you can live with.
In practice, these cases are often resolved through insurance negotiations, a settlement and release, or mediation — without the kind of “personal courtroom battle” people picture.
This matters in Port Charlotte and North Port, where the driver is often a relative, a coworker, or a friend giving someone a ride.
Florida PIP usually applies first for injured passengers
Florida is a no-fault state for the first layer of benefits in many car crashes. That means PIP typically applies first, regardless of who caused the crash. You can read the PIP statute here:
F.S. 627.736
In plain English, PIP is often the first pool of coverage that helps pay:
• A portion of medical bills.
• A portion of lost wages (in many cases).
• Certain related expenses, up to the policy’s limits.
Which PIP policy applies to a passenger and what comes next
This is where people get tripped up. The “priority” question can depend on whether you have your own policy, live with a relative who has a policy, or whether the vehicle’s policy applies first in your situation.
This “order of coverage” confusion is exactly why our next post in this series focuses entirely on who pays first and what comes after PIP.
When Florida law allows a passenger to pursue pain and suffering after a crash
Many passengers hear “Florida is no-fault” and assume that means “no lawsuit.”
That’s not how it works.
In many cases, Florida limits claims for pain and suffering unless the injury meets the serious injury threshold under:
F.S. 627.737 This is one reason medical documentation matters so much — not just for treatment, but for how the claim is evaluated.
Common one-car crash situations that injure passengers in Port Charlotte and North Port
Here in Southwest Florida, we frequently see one-car crashes tied to conditions that don’t look dramatic until they are:
• Heavy rain and hydroplaning.
• Wildlife crossings and sudden swerves on darker stretches outside town.
• Driver fatigue on longer drives between North Port, Port Charlotte, and Fort Myers.
• Soft shoulders, curves, poorly lit areas, and uneven road surfaces.
• Tire failures, mechanical breakdowns, and loss of control.
• Rollovers where passengers take the hardest impact.
• Even when “no one else hit you,” the underlying cause can still matter.
Uninsured motorist coverage can still matter in a one-car passenger injury claim
People often assume UM/UIM coverage is only for crashes where another driver hits you.
But UM coverage can become a major issue in one-car passenger injuries when:
• The driver has low or no bodily injury coverage.
• A “phantom vehicle” triggered the crash and left the scene.
• Liability is disputed and the insurer tries to push blame away.
If you’re Googling “uninsured motorist coverage one car accident Florida”, that’s usually why: you’re realizing the first layer of coverage may not be enough.
Evidence questions that come up in single-vehicle passenger injury cases
Most one-car cases don’t hinge on dramatic courtroom moments. They hinge on whether the evidence clearly explains:
• Why the crash happened.
• Why your injuries happened.
• What coverage applies.
• What defenses will be raised.
Helpful evidence can include photos, witness information, scene details, medical records, and in some cases vehicle data (people sometimes call it “black box” or EDR data).
In single-vehicle crashes, evidence can disappear fast — skid marks fade, vehicles get repaired, and scene conditions change. If there’s any chance a defect or roadway issue is involved, preserving the vehicle and documenting conditions early can matter.
When it makes sense to talk to a Port Charlotte passenger injury lawyer
Not every passenger injury requires a lawsuit.
But it’s smart to get legal input when:
• Your injuries are serious, surgical, or may be permanent.
• Multiple passengers were hurt and insurance limits may be divided.
• The driver has low BI limits (or none), and UM may be the real coverage that matters.
• The insurer is pushing blame onto you (seatbelt, assumption of risk, etc.).
• You suspect a mechanical failure or roadway defect and evidence needs to be preserved.
• You’re being pressured into a quick recorded statement or fast settlement.
If you do talk with a lawyer, it helps to have the crash report number (if available), photos, your medical provider list, and the auto insurance information for anyone involved.
Also, timing matters. Florida’s general limitations statute is here:
F.S. 95.11
How All Injuries Law Firm helps injured passengers after one-car crashes
All Injuries Law Firm, P.A. has served Southwest Florida for more than 35 years, representing thousands of injured people in Port Charlotte, Fort Myers, and surrounding communities.
We are a law firm that only handles injury cases.
Our attorneys work with medical and rehabilitation providers to understand the real impact injuries have on daily life.
Our team includes attorneys you can point to by name:
Brian O. Sutter, Managing Partner, Board Certified in Workers’ Compensation (Florida Bar)
Bryan Greenberg, Board Certified in Workers’ Compensation (Florida Bar), with prior insurance defense experience
Corbin Sutter, personal injury attorney and a Million Dollar Advocates Forum member
Jenna Kakley, personal injury attorney with deep litigation training and client advocacy experience
Our firm has handled serious injury cases for decades, including auto accident claims with significant recoveries. Past results don’t guarantee future outcomes.
You can learn more about our attorneys here:
Meet our attorneys
You can view case results here:
Results
Talk with us if you want clarity on coverage and next steps
If you want to understand your options for a one car accident passenger claim in Florida, we can help you make sense of coverage (PIP, BI, UM/UIM), the serious injury threshold, and the defenses insurers commonly raise.
Call (941) 625-4878 or contact us online:
Contact All Injuries Law Firm
Our Port Charlotte office and North Port area support
Port Charlotte Office (Headquarters)
2340 Tamiami Trail, Port Charlotte, FL 33952
Fort Myers Office
5237 Summerlin Commons Blvd, Fort Myers, FL 33907
allinjurieslawfirm.com
Up next in this passenger rights series for one-car crashes
Who Pays an Injured Passenger in a One-Car Accident in Florida PIP, BI, and UM Explained
This is where most people make expensive mistakes — because “insurance pays” isn’t the same as knowing which policy pays first, what happens when limits are low, and how UM/UIM fits in.
This article is general information, not legal advice. Every crash has details that can change the analysis.