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, regardless of who is responsible for the collision. Under New York law, passengers are rarely considered to be at-fault for a collision, and can pursue a claim through their own no-fault insurance or a lawsuit if the injuries are serious. 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.
What Compensation Can an Injured Passenger Recover?
- Medical expenses, including future care
- Rehabilitation and physical therapy
- Lost wages
- Reduced earning capacity
- Property damage
- Permanent disability
- Emotional damages
- Pain and suffering
- Scarring and disfigurement
- Loss of enjoyment of life
Who Can Be Held Liable?
If you are injured in a car accident as a passenger and another vehicle caused the crash in Manhattan, Queens, or anywhere in the New York City metropolitan area, 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.
Potentially Liable Parties
- The driver of the vehicle you were in
- Another driver was involved in the collision
- Multiple drivers, if more than two cars are involved
- Employers, if a driver was operating a vehicle for work purposes
- Rideshare companies, depending on the driver’s status at the time of the collision
How Does No-Fault Insurance Work for New York Passengers?
New York is a no-fault insurance state, which means that injured parties can be reimbursed by their insurance company for damages through their own personal injury protection (PIP) insurance, which those involved in a collision will file through, regardless of who is responsible. The purpose of PIP coverage is to help injured individuals receive faster access to medical care and financial support following a collision that leaves them with injuries.
What PIP Insurance Covers
- Payment of medical expenses related to the collision
- A portion of your lost wages if you are unable to work while healing
- Necessary transportation to appointments for injuries sustained in the collision
- Any other reasonable post-collision expense
When Can You File a Lawsuit Beyond No-Fault?
Under certain circumstances, you may be able to step outside of New York’s no-fault system, pursuing a claim directly against the other driver.
- Your Injuries meet New York’s “serious injury” threshold
- Broken bones, significant disfigurement, and permanent disability all constitute serious injuries under New York law
- Filing a claim against the responsible party allows you to seek compensation for pain and suffering, as well as additional damages
What Should You Do After Suffering Injuries as a Passenger?
If you were involved in a collision in New York City or the surrounding metropolitan areas, it’s imperative to take the correct steps to not only protect your claim but also to ensure your health and well-being are prioritized.
Immediate Steps to Take Following a Collision
- Call 911 to request police and medical personnel to the scene
- Seek immediate medical attention, even if you feel okay or injuries are seemingly minor
- Take photos and videos of the accident scene, including your visible injuries
- Gather the contact and insurance information of all drivers involved
- Obtain a copy of the police report before leaving the scene
- Do not discuss the accident with insurers before you have discussed the matter with a personal injury attorney
Contact an Experienced New York City Personal Injury Attorney
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 New York City legal team is prepared to help you hold responsible parties accountable for their negligence. Connect with our firm today to discuss your case.
