What to Do If You Were a Passenger in a Florida Car Crash and Your Injury Claim Was Denied
Brian O Sutter
Accident Lawyers
Insurance Laws
You weren’t driving. You didn’t cause the crash. So why is the insurance company denying your injury claim?It’s one of the most frustrating situations we see at All Injuries Law Firm—passengers who did everything right after a car accident, only to be hit with an unexpected claim denial. Unfortunately, even for those least at fault, insurers don’t always make it easy.
If your car accident injury claim was denied and you were a passenger, here’s what you need to know—and how our personal injury attorneys in Port Charlotte, Sarasota, and Fort Myers can help.
Why Would an Insurer Deny a Passenger’s Claim?
You may assume that being a passenger guarantees you'll be covered—but that’s not always the case. Insurance companies often deny or delay claims using tactics like:
• Disputing liability (saying no one is clearly at fault)
• Coverage exclusions (such as an unlisted or excluded driver)
• “Assumption of risk” (claiming you knowingly rode with an impaired driver)
• Policy exhaustion (coverage limits are already used up)
• Medical documentation gaps (no prompt treatment or missing records)
“We’ve seen insurers try to blame the passenger or avoid responsibility completely when multiple drivers are involved,” says Attorney Bryan Greenberg, who formerly represented insurance companies. “Knowing how they operate helps us push back on denials.”
Who Should Cover a Passenger’s Medical Bills and Injuries?
In Florida, determining who pays for a passenger’s injuries depends on several factors. You may be eligible to recover through:
• Your own auto policy’s PIP coverage, even if you weren’t driving
• The driver’s Personal Injury Protection and Bodily Injury Liability coverage
• The at-fault driver’s liability policy (if someone else caused the crash)
• Uninsured/Underinsured Motorist (UM/UIM) benefits, depending on household policies
• Your own health insurance, if auto claims are denied
Under Florida Statute § 627.736, Florida drivers must carry Personal Injury Protection (PIP) insurance, which can sometimes cover passengers depending on the vehicle and relationship to the policyholder.
Still, not all crashes are simple—and insurers may try to bounce you between policies or say none apply.
“We help our clients find every applicable policy and hold insurers accountable,” says Attorney Corbin Sutter. “Passengers are rarely to blame—but they often end up caught in coverage disputes.”
What to Do Immediately After Your Claim Gets Denied
Here’s what we recommend as soon as a passenger claim is denied:
• Request the denial in writing – Insurers must provide written reasons under Florida law.
• Get the full crash report – Available through FLHSMV, this may help dispute inaccurate fault findings.
• Review your medical records – Ensure treatment was timely and clearly linked to the crash.
• Do not give a recorded statement without legal advice—these are often used to limit your claim.
• Talk to a qualified personal injury lawyer before assuming the denial is final.
If you believe the insurer acted unfairly or delayed coverage without reason, you may be protected under Florida Statute § 624.155, which provides legal remedies for bad faith insurance practices.
💡 TIP: You can also file a consumer complaint with the Florida Office of Insurance Regulation if you believe your claim was mishandled.
How Our Attorneys Help Injured Passengers After Denied Claims
For over 35 years, All Injuries Law Firm has represented injured passengers across Southwest Florida. We handle:
• Insurance policy investigations
• Challenging denial tactics
• Working with medical providers so clients aren’t harassed by billing
• Filing suit when necessary to force accountability
• Maximizing settlements through coordinated coverage (especially in multi-driver or rideshare crashes)
We’ve recovered millions in verdicts and settlements, including:
• $1.1 million – Recovery for a knee injury in a crash caused by another driver failing to use due care
• $1.0 million – Recovery for back injuries in a collision with a tractor trailer
And we know the roads where these crashes happen—US 41, I-75, Veterans Blvd, Tamiami Trail—because we live and work right here in the community.
Common Scenarios That Complicate Passenger Claims
Your case may involve one of these real-world issues we handle frequently:
❓ What if the driver of the car I was in was at fault?
→ You may still be covered by their policy’s Bodily Injury Liability.
❓ What if both drivers blame each other and neither claim is approved?
→ We explore coverage under both policies and may invoke comparative fault laws under Florida Statute § 768.81 to build your case.
❓ What if the at-fault driver was uninsured or underinsured?
→ You may qualify for a UM/UIM claim under § 627.727, even if you weren’t in your own vehicle.
❓ What if I was a passenger in an Uber or Lyft crash?
→ These companies carry up to $1 million in third-party liability—but claims are often aggressively disputed.
You Deserve Compensation—Even If the Insurance Company Says No
Being a passenger doesn’t mean you should be overlooked. You didn’t cause the crash—and you shouldn’t be burdened with the financial aftermath.
All Injuries Law Firm is here to help you challenge the denial and recover what you're owed. With thousands of personal injury cases resolved and a reputation built on results, we know how to get passengers the justice they deserve.
Talk to an Experienced Florida Injury Lawyer About Your Denied Passenger Claim
Don’t give up because an insurance company said “no.”
Contact All Injuries Law Firm to speak directly with an attorney who can help you understand your rights—and fight for your recovery.
📞 Call us at (941) 625-4878 now for a free consultation
📍 Our Office in Port Charlotte, Serves All of Southwest Florida including, Charlotte County, Sarasota County, and Lee County
🔒 No fees unless we win your case
“We fight back when insurers deny passenger claims—because we’ve seen the harm it causes,” says Attorney Jenna Kakley. “You deserve answers, and you deserve a legal team that puts your recovery first.”
FAQs: Passenger Injury Claims in Florida Car Accidents
❓ Can I file a car accident claim as a passenger in Florida?
Yes. Florida law allows injured passengers to file claims for medical costs, lost wages, and pain and suffering. You may be eligible for coverage through the driver’s policy, the at-fault driver’s liability insurance, your own PIP (Personal Injury Protection), or other policies like UM/UIM.
❓ What happens if both drivers’ insurance companies deny my injury claim?
If liability is disputed and both insurers refuse to pay, you still have legal options. A personal injury attorney can help identify available coverage, use crash reports to dispute fault findings, and file suit if needed. Under Florida Statute § 768.81, fault can be shared among parties—your claim doesn't have to rely on one insurer.
❓ Who pays for my injuries if I was a passenger in a friend’s car that caused the crash?
You can typically file a claim under your friend’s bodily injury liability coverage. In some cases, your own PIP benefits may also help with medical costs. Keep in mind that policy exclusions or limited coverage could complicate the process—another reason to speak with a local attorney.
❓ What if I don’t have car insurance of my own?
That’s common for many passengers—and you still have options. You may be covered under the driver’s policy, the at-fault driver’s policy, or through a resident relative’s policy. If none apply, the Florida no-fault system still protects injured parties in many cases.
❓ Does Florida no-fault (PIP) insurance cover passengers?
Yes—sometimes. Florida’s no-fault law (§ 627.736) requires drivers to carry PIP. If you have PIP coverage, it may pay for your injuries regardless of fault. If you don't, the driver’s PIP may apply—though this depends on vehicle ownership and your relationship to the policyholder.
❓ What if I was injured while riding in an Uber or Lyft in Florida?
Uber and Lyft carry up to $1 million in liability coverage for passengers. However, their insurers may deny responsibility based on whether the app was active, who was at fault, or other coverage disputes. These cases are complex and often require legal help to challenge denied claims.
❓ Can I still get help if my claim was denied months ago?
Yes. You may still have time to pursue legal action, depending on when the crash happened and the statute of limitations. In Florida, you generally have two years to file a personal injury lawsuit for a car accident (as of the 2023 tort reform changes). Consult an attorney to see if your window is still open.