Occasionally, we find ourselves traveling as passengers in motor vehicles, whether it’s a friend’s car, a taxi, or a rideshare service. When we enter someone else’s vehicle, we inherently place our trust in the driver, believing they will prioritize our safety and operate the vehicle responsibly. Unfortunately, accidents can and do happen, often due to negligence or reckless behavior. If you have sustained injuries in a car accident while riding as a passenger, it’s important to know that you have legal rights and may be entitled to compensation for your injuries. Please continue reading to learn who you can take legal action against and how an experienced New York City Car Accident Lawyer can help you attain the justice you deserve.
Can I Take Legal Action if I Was a Passenger in a Car Accident?
If you are injured as a passenger in a car accident in New York, you are entitled to seek compensation for your economic and non-economic damages. As a passenger, you may hesitate to pursue legal action after an accident if the driver of the vehicle was a friend or family member. However, you should not have to bear the consequences alone if you are not responsible for the accident. If a motorist breaches their duty of care, you should receive adequate compensation for your losses. It’s crucial to understand that filing a claim against an at-fault driver as a passenger is similar to filing any other car accident claim.
Who Can Be Held Liable?
If you are injured in a car accident as a passenger and another vehicle caused the crash, your first option is to file a claim against the other driver’s insurance policy. However, you may run into a few obstacles with this option. Unfortunately, the other driver’s insurance limit may not be enough to cover the full extent of your expenses. It can also be a logistical hassle to pursue this option as liability is not always clear. This can lead to a long process of trying to prove fault for the accident, which can be particularly difficult if multiple vehicles and drivers are involved.
Another viable option is filing a claim through your driver’s insurance policy. Essentially, you can cover your bills through the policy of the person driving the car you were a passenger in, regardless of whether they were at fault. This can be done through the driver’s personal injury protection (PIP). New York is a no-fault insurance state, which means that injured parties can be reimbursed by their insurance company for damages. To file a claim against an at-fault driver, you must reach the no-fault statute threshold. If your injury qualifies as a “serious injury” under this standard, you can pursue a third-party claim to hold the at-fault driver liable for the accident. Furthermore, if you are a passenger in a collision, you can file your claim with your insurance. If you have PIP, you may be able to use your own coverage to help pay some of your medical expenses.
For more information on the legal options available for injured passengers, please don’t hesitate to contact a dedicated lawyer from The Bàez Legal Group. Our legal team is prepared to help you hold responsible parties accountable for their negligence. Connect with our firm today to discuss your case.
