Were you involved in a car accident as a passenger? Learn more about your rights, what steps to take, and how to potentially file an injury claim after a collision here.
Can You File a Personal Injury Claim as a Passenger?
Yes, as a passenger in a New York car accident, you can file a personal injury claim to seek compensation for your injuries, regardless of who was at fault.
New York’s Serious Injury Threshold
Under New York's no-fault insurance laws, passengers must meet the state's "serious injury" threshold to get around the no-fault system and file a personal injury lawsuit against the at-fault driver. A "serious injury" typically includes fractures, major disfigurement, permanent loss of use of an organ, or being unable to work for 90 days.
If your injuries qualify, you may be able to pursue a fault-based lawsuit and seek compensation for both financial losses and pain and suffering.
What to Do If You’re Injured in a Car Accident as a Passenger?
Right after a car accident, there are a few steps you should take to protect your rights and potentially build a strong personal injury case
1. Contact Emergency Responders
Call 911 and request police and medical assistance – even if your injuries seem minor.
2. Collect Evidence
If you can, take photos of the scene, the damage to the cars, and your injuries. Get contact information from the drivers and witnesses.
3. Report the Accident
Make sure the police file an official accident report because it will be necessary for your claim.
4. Get Medical Attention
Follow up with your doctor for a full evaluation, and keep track of all your medical bills and treatments.
5. Notify Insurance
File a no-fault insurance claim with the insurance of the vehicle you were in to cover your immediate expenses.
6. Talk to a Lawyer
A car accident attorney can help guide you through the legal process and explore your options.
Can You File a Personal Injury Claim as a Passenger?
Yes, as a passenger in a New York car accident, you can file a personal injury claim to seek compensation for your injuries, regardless of who was at fault.
New York’s Serious Injury Threshold
Under New York's no-fault insurance laws, passengers must meet the state's "serious injury" threshold to get around the no-fault system and file a personal injury lawsuit against the at-fault driver. A "serious injury" typically includes fractures, major disfigurement, permanent loss of use of an organ, or being unable to work for 90 days.
If your injuries qualify, you may be able to pursue a fault-based lawsuit and seek compensation for both financial losses and pain and suffering.
What to Do If You’re Injured in a Car Accident as a Passenger?
Right after a car accident, there are a few steps you should take to protect your rights and potentially build a strong personal injury case
1. Contact Emergency Responders
Call 911 and request police and medical assistance – even if your injuries seem minor.
2. Collect Evidence
If you can, take photos of the scene, the damage to the cars, and your injuries. Get contact information from the drivers and witnesses.
3. Report the Accident
Make sure the police file an official accident report because it will be necessary for your claim.
4. Get Medical Attention
Follow up with your doctor for a full evaluation, and keep track of all your medical bills and treatments.
5. Notify Insurance
File a no-fault insurance claim with the insurance of the vehicle you were in to cover your immediate expenses.
6. Talk to a Lawyer
A car accident attorney can help guide you through the legal process and explore your options.
Types of Compensation Available in Passenger Personal Injury Claims
Injured passengers could be eligible for several different types of compensation, including
Economic Damages
- Medical expenses: Covers hospital stays, surgeries, and ongoing treatments related to your injuries.
- Lost wages: Compensates for any income lost if you cannot work after the accident.
- Replacement of personal property: Reimbursement for any items like electronics or clothing damaged or destroyed in the crash.
Non-Economic Damages
- Pain and suffering: Compensation for physical pain, emotional distress, and how the injuries affect your quality of life.
- Loss of enjoyment of life: Covers the impact on your ability to enjoy your usual activities and hobbies.
- Permanent disability or disfigurement: Compensation for long-term or permanent impairments caused by the accident.
Types of Compensation Available in Passenger Personal Injury Claims
Injured passengers could be eligible for several different types of compensation, including
Economic Damages
- Medical expenses: Covers hospital stays, surgeries, and ongoing treatments related to your injuries.
- Lost wages: Compensates for any income lost if you cannot work after the accident.
- Replacement of personal property: Reimbursement for any items like electronics or clothing damaged or destroyed in the crash.
Non-Economic Damages
- Pain and suffering: Compensation for physical pain, emotional distress, and how the injuries affect your quality of life.
- Loss of enjoyment of life: Covers the impact on your ability to enjoy your usual activities and hobbies.
- Permanent disability or disfigurement: Compensation for long-term or permanent impairments caused by the accident.
Frequently Asked Questions
Do I Use My Insurance for a Passenger Injury Claim?
If the driver’s insurance doesn’t fully cover your damages, you may need to file a claim with your own insurance; this could look like filing a claim under your personal injury protection (PIP) or medical payments (MedPay) coverage. However, your insurance should generally be a last resort — make sure to exhaust the options available through the driver’s insurance and any at-fault party’s liability coverage first.
What if the Passenger Wasn’t Wearing a Seatbelt at the Time of the Accident?
In New York, all passengers are required by law to wear a seatbelt. If a passenger wasn’t wearing one during the accident, they can still file a claim, but it could complicate things.
Under the state’s comparative negligence rule, the passenger’s compensation might be reduced if their failure to wear a seatbelt contributed to the severity of their injuries.
How to File a Passenger Injury Claim in New York
- File a No-Fault Insurance Claim: First, file a claim with the insurance of the vehicle you were in; this will cover your initial costs.
- Explore Additional Insurance Options: If no-fault coverage isn’t enough, you may need to file claims against the at-fault driver’s insurance or your own uninsured/underinsured motorist coverage.
- Determine if You Meet the Serious Injury Threshold: Make sure your injuries qualify under New York’s “serious injury” threshold.
- Submit Evidence and Documentation: Gather all relevant medical records, bills, and proof of lost wages to support your claim.
Frequently Asked Questions
Do I Use My Insurance for a Passenger Injury Claim?
If the driver’s insurance doesn’t fully cover your damages, you may need to file a claim with your own insurance; this could look like filing a claim under your personal injury protection (PIP) or medical payments (MedPay) coverage. However, your insurance should generally be a last resort — make sure to exhaust the options available through the driver’s insurance and any at-fault party’s liability coverage first.
What if the Passenger Wasn’t Wearing a Seatbelt at the Time of the Accident?
In New York, all passengers are required by law to wear a seatbelt. If a passenger wasn’t wearing one during the accident, they can still file a claim, but it could complicate things.
Under the state’s comparative negligence rule, the passenger’s compensation might be reduced if their failure to wear a seatbelt contributed to the severity of their injuries.
How to File a Passenger Injury Claim in New York
- File a No-Fault Insurance Claim: First, file a claim with the insurance of the vehicle you were in; this will cover your initial costs.
- Explore Additional Insurance Options: If no-fault coverage isn’t enough, you may need to file claims against the at-fault driver’s insurance or your own uninsured/underinsured motorist coverage.
- Determine if You Meet the Serious Injury Threshold: Make sure your injuries qualify under New York’s “serious injury” threshold.
- Submit Evidence and Documentation: Gather all relevant medical records, bills, and proof of lost wages to support your claim.
Have Questions About Your Personal Injury Claim? We Can Help!
If you or a loved one was injured as a passenger in a New York car accident, our experienced attorneys can help! Field Law Group has a proven track record of winning favorable settlements and verdicts for our clients.
Contact us today or call 212-739-7278 to schedule a FREE consultation with our firm.
Have Questions About Your Personal Injury Claim? We Can Help!
If you or a loved one was injured as a passenger in a New York car accident, our experienced attorneys can help! Field Law Group has a proven track record of winning favorable settlements and verdicts for our clients.
Contact us today or call 212-739-7278 to schedule a FREE consultation with our firm.
Field Law Group, P.C.
17 State Street, 40th Floor
New York, New York 10004
This website contains attorney advertising. Prior results do not guarantee a similar outcome, see Disclaimer.
Designed by PostcardMania
Field Law Group, P.C.
17 State Street, 40th Floor
New York, New York 10004
This website contains attorney advertising. Prior results do not guarantee a similar outcome, see Disclaimer.
Designed by PostcardMania
Field Law Group, P.C.
17 State Street, 40th Floor
New York, New York 10004
This website contains attorney advertising. Prior results do not guarantee a similar outcome, see Disclaimer.
Designed by PostcardMania