Being involved in a car accident is stressful enough. But if you were a passenger in the vehicle, you might be unsure of what your rights are or who is responsible for your medical bills and damages. Fortunately, New York law allows injured passengers to recover compensation, often more easily than drivers.
At Rosenberg & Rodriguez, our team of experienced NYC car accident lawyers has helped hundreds of injured passengers navigate their legal options and obtain the compensation they deserve. In this blog, we’ll explain exactly what happens if you’re injured as a passenger in a car accident, and what steps you should take to protect your rights.
Are Passengers Entitled to Compensation in a Car Accident?
Yes. In most cases, passengers who are injured in a car accident in New York are entitled to compensation for medical bills, lost wages, and other damages, regardless of which driver caused the crash.
Since passengers are rarely considered at fault, they are usually in a strong legal position to pursue a personal injury claim. Whether the driver of the vehicle you were in caused the crash, or it was another driver, you can typically file a claim against one or both parties.
Understanding New York’s No-Fault Insurance System
New York is a no-fault state, which means that after a car accident, every injured party, including passengers, must first file a claim through the no-fault insurance (also called Personal Injury Protection or PIP) of the vehicle they were in, regardless of who caused the accident.
What No-Fault Insurance Covers:
- Medical expenses (up to $50,000 per person in most cases)
- Lost wages (up to 80% of your income, with certain caps)
- Reasonable and necessary expenses (like transportation to medical appointments)
You must file your no-fault application within 30 days of the accident, or you could lose your right to these benefits.
When Can a Passenger File a Lawsuit?
If your injuries are serious, you may be able to file a personal injury lawsuit against the at-fault driver(s) for additional compensation that no-fault insurance does not cover, such as:
- Pain and suffering
- Emotional distress
- Future medical expenses
- Permanent disability or disfigurement
New York’s Serious Injury Threshold Includes:
- Bone fractures
- Significant disfigurement
- Permanent loss of use of a body organ or system
- Dismemberment
- Death
- A medically determined injury that prevents you from performing normal daily activities for at least 90 of the first 180 days after the accident
If your injuries meet this threshold, you can go beyond the no-fault system and file a claim against the responsible party’s liability insurance.
Who Can You File a Claim Against?
As an injured passenger, you may be able to pursue compensation from several sources, depending on how the accident occurred:
1. The Driver of the Vehicle You Were In
If the person driving your vehicle was at fault, whether they were speeding, distracted, or impaired, you can file a claim against their liability insurance. This can feel awkward if the driver is a friend or family member, but remember that you are pursuing their insurance policy, not their personal assets.
2. The Driver of Another Vehicle
If another driver caused the crash, you can file a claim against their insurance for your damages. If multiple drivers were partially at fault, you may be able to file claims against more than one party.
3. Your Own Auto or Health Insurance
If you have your own auto insurance, it may include underinsured or uninsured motorist coverage (UM/UIM). This coverage can be used if the responsible driver does not have enough insurance, or none at all, to cover your losses. Additionally, your health insurance may help pay for additional medical treatment not covered by no-fault.
What If Multiple Passengers Are Injured?
In crashes involving several injured passengers, the total amount of available insurance coverage may be limited. New York drivers are only required to carry a minimum of $25,000 per injured person and $50,000 per accident for bodily injury liability coverage.
If several people are injured, and the total damages exceed the available coverage, claims may be prorated, meaning each person receives a share of the settlement. In cases like this, having an experienced attorney is critical to maximize your portion of the available coverage.
What If You’re Injured in a Rideshare (Uber/Lyft)?
If you were a passenger in an Uber or Lyft, you are still entitled to compensation. Rideshare companies are required to carry $1 million in liability insurance when a driver is transporting a passenger.
If your rideshare driver caused the crash or another driver hit your vehicle, our legal team will help determine which policy applies and ensure you receive the compensation you deserve.
What If the Accident Involved a Taxi, Bus, or MTA Vehicle?
Public and commercial transportation accidents follow similar principles, but filing claims can be more complex. If the vehicle that caused your injury was owned by the City of New York, the MTA, or another government agency, you may need to:
- File a Notice of Claim within 90 days
- Meet specific filing procedures and deadlines
Our attorneys at Rosenberg & Rodriguez have experience filing claims against public entities and can guide you through the process.
What to Do After a Car Accident as a Passenger
If you were injured as a passenger, here are the steps you should take to protect your legal rights and improve your chances of a successful claim:
- Call 911 and report the accident
- Seek immediate medical attention, even if you feel okay
- Take photos of the vehicles, injuries, and scene
- Get contact info for both drivers, other passengers, and any witnesses
- Ask for a copy of the police report
- File a no-fault claim within 30 days
- Do not speak to insurance adjusters before consulting a lawyer
- Call Rosenberg & Rodriguez for a free consultation
How Rosenberg & Rodriguez Can Help
At Rosenberg & Rodriguez, we understand that being injured in a car accident as a passenger can leave you feeling confused and overwhelmed. Our experienced NYC personal injury attorneys are here to handle every aspect of your case, including:
- Filing no-fault and insurance claims
- Gathering medical records and accident reports
- Identifying liable parties and available coverage
- Negotiating with insurance companies
- Filing lawsuits and representing you in court if necessary
We work on a contingency fee basis, which means you pay nothing unless we win your case.
Contact Rosenberg & Rodriguez Today
If you were injured as a passenger in a car accident in New York City, you may be entitled to significant compensation. Let the team at Rosenberg & Rodriguez guide you through the legal process and fight for the recovery you deserve. Call us today at (718) 509-4960 or fill out our online contact form to schedule your free consultation. Your rights matter, and we’re here to protect them.
