What to Do if You’re Injured in a Car Accident as a Passenger

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 (Med Pay) 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.

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.

1. 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.
2. 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.
3. Determine if You Meet the Serious Injury Threshold: Make sure your injuries qualify under New York’s “serious injury” threshold.
4. Submit Evidence and Documentation: Gather all relevant medical records, bills, and proof of lost wages to support your claim.