Can a Passenger in a One-Car Crash Recover Compensation from the Driver’s Insurance?

September 1, 2025

Dennis Hernandez

When a single vehicle crashes—without hitting another car—it’s known as a one-car accident. In Florida, if the driver is at fault, a passenger claim can become part of the discussion. These incidents may appear simple on the surface, but the legal landscape surrounding passenger rights can be surprisingly complex. Whether the crash involved hitting a tree, veering off a wet road, or losing control due to speeding, injured passengers often have the right to seek compensation.

At Dennis Hernandez Injury Attorneys, we understand the confusion that follows these accidents. As a leading personal injury law firm, we’ve helped countless victims recover what they’re owed—because we fight to get you paid!

This article explores your legal options if you were injured as a passenger in a one-car accident in Florida, and what it takes to hold the at-fault driver accountable.

What Rights Do Passengers Have in One-Car Accidents?

Passengers are generally considered innocent parties in crashes. If you weren’t driving, you likely had no control over what happened—yet you may still suffer severe physical, emotional, and financial consequences. Fortunately, Florida law allows passengers to seek compensation from the driver’s insurance when negligence is involved.

In these cases, a driver at fault passenger claim Florida can be brought against the driver’s liability coverage. If you’ve been injured, you have the right to pursue damages such as:

Emergency room and hospital bills
Follow-up care or surgery
Lost income or work limitations
Emotional distress and pain
Long-term medical needs

The legal system in Florida favors injured parties who take swift and informed action.

What Is a One-Car Accident and How Does Liability Work?

A one-car crash involves only one vehicle. These accidents can happen for a variety of reasons:

Distracted or drowsy driving
Loss of control from speeding
Poor road conditions or potholes
Mechanical failures
Driver impairment (alcohol or drugs)

According to the Insurance Institute for Highway Safety (IIHS), single-vehicle crashes account for over 50% of all motor vehicle fatalities in the U.S. These cases are common—and in many situations, passenger injury one-car accident claims become central to recovering damages.

If the crash was caused by the driver’s negligent or reckless behavior, their insurance may be held responsible.

Does Florida’s No-Fault Law Limit Passenger Claims?

Florida operates under a no-fault insurance system, which generally means that drivers turn first to their own Personal Injury Protection (PIP) coverage for medical expenses. However, passengers are not without options.

You may be able to file a claim under:

Your own PIP policy, if you have one
The driver’s PIP policy
The driver’s bodily injury liability coverage if your injuries exceed PIP limits

Florida requires drivers to carry at least $10,000 in PIP insurance. But serious injuries often far exceed this amount, especially when hospital stays or long-term rehab are required.

In such cases, victims can step outside the no-fault system and file a driver at fault passenger claim Florida if the injuries meet the “serious injury threshold” defined by Florida Statutes §627.737(2). This includes:

Permanent loss of a bodily function
Significant disfigurement or scarring
Permanent injury other than scarring
Death

What Evidence Strengthens a Passenger Injury Claim?

To win your case, your personal injury law firm must prove that the driver’s actions directly caused your injuries. That means demonstrating:

The driver had a duty of care (to drive safely and responsibly)
The duty was breached (e.g., by speeding, texting, or driving drunk)
The breach caused your injury
You suffered damages (medical bills, missed work, etc.)

Strong evidence may include:

Police crash reports
Medical records
Photographs of the crash scene and injuries
Witness statements
Black box vehicle data
Weather or road condition reports

Expert witnesses—such as accident reconstructionists—can also help illustrate how the crash occurred and who was responsible.

What If the Driver Is a Friend or Family Member?

This is a common concern. Many passengers hesitate to file claims because they don’t want to sue someone they know personally.

It’s important to remember: you are not directly suing your loved one—you’re filing a claim with their insurance company. That’s what insurance is for. It’s there to cover losses and protect both the driver and passengers financially.

Most people understand this when it’s explained properly. Your health and financial recovery should always come first.

What Damages Can Passengers Recover?

If your passenger injury one-car accident claim is successful, you may be compensated for:

Medical expenses (past and future)
Lost income
Pain and suffering
Emotional distress
Rehabilitation or physical therapy
Long-term disability accommodations

In rare cases, punitive damages may also be awarded under Florida Statutes §768.72 if the driver’s behavior was grossly negligent—such as driving under the influence.

What If the Driver Was Uninsured or Underinsured?

Unfortunately, not all drivers have sufficient insurance. In these cases, you may be able to seek compensation through your own Uninsured/Underinsured Motorist (UM/UIM) coverage—if you carry it.

UM/UIM coverage helps protect passengers when the at-fault driver doesn’t have enough (or any) insurance to cover damages. It can be a vital backup, particularly in severe accident cases.

Why Should You Hire a Personal Injury Law Firm?

Navigating Florida’s insurance laws and legal claims system isn’t easy—especially while recovering from an injury. That’s where an experienced personal injury law firm becomes invaluable.

Our legal team at Dennis Hernandez Injury Attorneys can:

Investigate the accident thoroughly
Handle all communications with insurers
Compile medical and legal evidence
Negotiate a fair settlement
File a lawsuit, if necessary

We’ve recovered millions and millions for injured Floridians—helping them move forward after devastating injuries. And we’ll do the same for you. We fight to get you paid!

How Long Do You Have to File a Claim?

Under Florida law, you generally have two years to file a personal injury lawsuit (Florida Statutes §95.11). If you miss this deadline, you may lose your right to recover compensation—even if you have a strong case.

Acting quickly ensures your legal team has time to collect evidence, interview witnesses, and build a compelling case on your behalf.

What Should You Do Immediately After a One-Car Crash?

If you were injured as a passenger, follow these steps:

Seek medical attention – Don’t delay treatment.
Get a copy of the crash report – This can be a critical piece of evidence.
Document the scene – Take photos, get witness info, and note road conditions.
Avoid talking to insurers – Let your attorney handle negotiations.
Call a personal injury law firm – Legal guidance is essential from the start.

Remember, even if the crash was a one-car accident, you still have the right to fair compensation.

Final Thoughts: You Deserve to Be Made Whole

Being injured in a one-car accident can leave you feeling overwhelmed and unsure where to turn. But you don’t have to face it alone. As an injured passenger, the law is on your side—and Dennis Hernandez Injury Attorneys is here to help.

With a deep understanding of Florida’s insurance and liability laws, our team will fight to ensure your rights are respected and your future protected. You focus on healing. We’ll handle the rest.

We fight to get you paid!