How Can The Sanders Law Firm Help With a Passenger Injury Claim In New York?
At The Sanders Law Firm, our passenger injury lawyers take a litigation-forward approach to every case, letting insurers know we’re ready to go the distance. Our attorneys act as your dedicated protectors, managing every step of your claim, including:
- Investigating: Partnering with skilled investigators to reconstruct the scene and prove what happened
- Determining liability: Identifying who is at fault and holding all negligent parties accountable
- Identifying insurance coverage: Tracking down applicable policies, including commercial or overlapping corporate coverage
- Gathering evidence: Preserving evidence, including police reports, dashcam footage, and witness statements
- Reviewing medical records: Working with healthcare consultants to document the extent of your injuries
- Documenting losses: Calculating the full scope of your damages, including current and future expenses
- Communicating with adjusters: Handling all communication with insurance companies to protect your rights
- Pursuing settlements: Negotiating aggressively for maximum compensation
- Filing lawsuits: Preparing your lawsuit for trial if insurers refuse to play fair
Excellent experience with Sanders law representing me
Gary Novins is the go to guy. Working diligently and strategically to build and resolve a case, often working on his own personal time to make sure all bases were covered, and nothing was overlooked. Timely responses to all of my questions, and straight answers with no bs. A true professional who gets the job done. The office team was generally helpful and knowledgeable as well… All in all a well put together group…
Hammer J.
Can I File a Claim If I Was Injured as a Passenger?
If you were injured as a passenger, you may be able to file a no-fault insurance claim for qualifying medical bills and lost wages, regardless of who caused the crash. You may also have a claim against a negligent party for losses New York law allows you to recover in a lawsuit. You are not responsible for a driver’s actions simply because you were in the car. Your options depend on how the crash happened, your injuries, and the insurance coverage involved.
Depending on the circumstances, a passenger injury claim may involve:
- The driver of the vehicle you were riding in
- Another driver involved in the crash
- More than one at-fault driver
- Another party whose actions contributed to your injuries
Every accident is different, and an injury does not automatically mean a claim can be filed against the person driving you. Our New York passenger accident attorneys can review your claim and explain your options to pursue compensation.
Who Is Responsible When a Passenger Is Injured in a Car Accident?
Determining responsibility depends on how the accident occurred and who contributed to it. For an injured passenger, establishing liability is crucial because it dictates which insurance companies or parties are responsible for paying your damages.
Someone may be legally responsible for your injuries if they were negligent. This means they had a legal duty to you, failed in that duty, and that failure caused the crash and your losses. If you were injured as a passenger in a car accident, here are potential scenarios and possible liable parties:
If the Driver I Was Riding With Caused the Accident
If the person driving your vehicle made an error that led to the crash, you may potentially pursue a claim involving their auto insurance policy. It’s common to feel hesitant about filing a claim if the driver is a friend or family member, but it’s important to remember that you are seeking compensation from their insurance provider, not from their personal pocket. Your relationship does not prevent you from accessing the coverage meant to protect passengers.
If Another Driver Caused the Accident
If Multiple Drivers Were at Fault
Many accidents involve shared fault between two or more motorists. If multiple drivers contributed to the collision, more than one party may potentially share responsibility for your injuries. Under New York modified comparative negligence, liability can be divided among the at-fault drivers, allowing you to seek compensation from multiple insurance policies to cover the full extent of your damages.
What If I Was Partly at Fault?
In rare cases, a passenger might be considered partly at fault for their injuries, such as by knowingly riding with an intoxicated driver or actively distracting the operator. Being partly at fault does not automatically prevent you from recovering compensation. Instead, your recovery may be reduced based on your share of fault. If your share exceeds the combined fault of the people you sue, you may be unable to recover in that action. However, passengers are rarely found to be at fault for a collision.
How Does No-Fault Insurance Work for Injured Passengers?
New York operates under a no-fault insurance system designed to provide quick financial relief after an auto accident. Under this system, an injured passenger can receive benefits for qualifying medical expenses and a portion of lost earnings regardless of who caused the accident. Typically, these benefits are provided by the insurance policy of the vehicle you were riding in at the time of the crash.
However, no-fault benefits are completely separate from a personal injury lawsuit. They cover immediate economic losses but do not compensate you for pain and suffering. Speak with a New York car accident lawyer to learn more about available coverage.
What If I Was Riding in an Uber, Lyft, or Taxi?
Rideshare vehicles and taxis involve distinct insurance structures and higher coverage limits under New York law. Because multiple corporate and commercial policies may overlap, identifying the applicable insurance coverage can be challenging on your own. Having your specific circumstances and insurance policies reviewed by a legal professional can help you access and receive the maximum benefits available.
What Compensation Can an Injured Passenger Recover?
The compensation available to you depends on several factors, including the severity of your injuries, your financial losses, the specific circumstances of the crash, and the type of claim filed. Additionally, if your injuries meet the state’s legal threshold for serious injuries, you may be eligible to recover significant compensation for both economic and non-economic damages.
Economic damages are the expenses or financial losses caused by the crash, such as:
- Current medical bills
- Cost of ongoing or future medical care
- Lost wages from missed work
- Reduced earning capacity if your injuries permanently limit your ability to earn a living
Non-economic damages are the intangible losses connected to the accident. Examples include:
- Physical pain and suffering
- Emotional distress and trauma
- Permanent disability and disfigurement
- Loss of enjoyment of life
How Long Do I Have to File a Passenger Injury Claim in New York?
New York’s statute of limitations for personal injury sets a general deadline of three years from the date of the accident to file a legal claim. Missing this deadline means permanently losing your right to seek compensation. Also, waiting too long to take action can make it much harder to preserve critical evidence, locate witnesses, and properly investigate liability.
However, different types of claims have different timelines. For example, no-fault insurance claims have much shorter deadlines that require you to file paperwork within weeks of the crash. If a government vehicle or entity is involved in the accident, you must file a Notice of Claim within 90 days.
Because these deadlines are so strict and directly impact your ability to recover damages, speak with an experienced attorney as soon as possible after a crash.
Frequently Asked Questions About Passenger Injury Claims
Can I File a Passenger Injury Claim If I Was Not Wearing a Seat Belt?
What If I Was Injured in a Single-Car Accident?
Can I Recover Compensation If the Other Driver Left the Scene?
Can I Sue the Driver I Was Riding With?
Get a Free Consultation With a New York Car Accident Passenger Lawyer
If you or a loved one was hurt while riding as a passenger, our team is here to listen to your story, protect your rights, and fight for the full financial recovery you deserve. We offer free, no-obligation consultations to review your case and help you find the best path forward. If you decide to work with us, you pay nothing unless we secure compensation for you.
Call us today at 833-726-3377 or fill out our online form to schedule your free consultation with an experienced car accident passenger lawyer.