Can Injured Passengers Sue For Damages In New York?
When you’re riding as a passenger in someone else’s vehicle, the last thing you expect is to end up injured in a car crash. But accidents happen every day in New York, and passengers often suffer serious injuries through no fault of their own. I’ve spoken with many clients in Fishkill and throughout the Hudson Valley who didn’t know whether they had the right to sue or collect compensation simply because they weren’t driving. Let me make one thing clear—if you were injured as a passenger in a crash caused by someone else’s negligence, you absolutely have the right to pursue damages under New York law.
New York follows a no-fault insurance system, which can be confusing if you’re unfamiliar with how it works. As a passenger, you’ll first turn to the vehicle’s no-fault insurance coverage to pay for your basic medical bills and lost wages. But no-fault coverage only goes so far, and it doesn’t include compensation for pain and suffering. That’s where a personal injury claim comes into play. When your injuries are serious, and someone else is legally responsible, you can file a lawsuit to seek full compensation for what you’ve been through.
The law is on your side—but it’s important to know how to approach the process. Whether the at-fault driver is the person who was driving your car or another vehicle on the road, I can help you understand your options and take the right steps to protect your claim.
Understanding No-Fault Benefits For Injured Passengers
New York’s no-fault law is found in Article 51 of the New York Insurance Law. It requires every vehicle owner to carry Personal Injury Protection (PIP), which pays for reasonable and necessary medical expenses, a portion of lost wages, and some incidental costs, regardless of who caused the crash. If you were a passenger in a car involved in a crash, that vehicle’s PIP coverage will usually cover your initial medical costs, up to the policy limit (typically $50,000).
However, PIP benefits are limited. They won’t cover non-economic damages like pain, emotional suffering, or reduced quality of life. That’s where the “serious injury threshold” comes into play. If your injuries qualify as “serious” under New York Insurance Law § 5102(d), you have the right to file a personal injury lawsuit for additional compensation.
What Counts As A Serious Injury In New York?
Under § 5102(d), a serious injury includes:
- Death
- Dismemberment
- Significant disfigurement
- Fractures
- Loss of a fetus
- Permanent loss of use of a body organ, member, function, or system
- Significant limitation of the use of a body function or system
- A medically determined injury that prevents you from performing your usual daily activities for at least 90 of the 180 days immediately following the accident
If your injuries meet any of these categories, you may be able to recover damages from the at-fault party beyond what’s available through no-fault insurance.
Who Can You Sue As An Injured Passenger?
As an injured passenger, you may be able to sue:
- The driver of the vehicle you were riding in
- The driver of another vehicle involved in the crash
- A third party, such as a municipality responsible for unsafe road conditions or a car manufacturer in cases of a vehicle defect
Liability is determined based on negligence—who acted carelessly or violated traffic laws. In multi-vehicle accidents, more than one party may be at fault. Under New York’s comparative fault rule (CPLR § 1411), even if more than one driver contributed to the crash, you can still pursue compensation. The law allows your recovery to be reduced by any percentage of fault attributed to you, which, as a passenger, is usually zero.
Common Injuries Passengers Suffer In Car Accidents
Passengers often suffer serious harm in vehicle crashes, including:
- Broken bones
- Head trauma or concussions
- Neck and back injuries
- Internal bleeding
- Burns or facial injuries
- Emotional trauma
Some of these injuries may not show symptoms immediately, but can have long-lasting effects. That’s why it’s essential to seek medical attention right away after a crash and follow your doctor’s recommendations.
Compensation Available To Injured Passengers
If your injuries meet the serious injury threshold, you may be eligible to recover:
- Full medical expenses
- Lost wages and future earning capacity
- Pain and suffering
- Emotional distress
- Permanent disability
- Loss of enjoyment of life
The exact value of your claim depends on the severity of your injuries, how they affect your life, and the insurance coverage available from the at-fault parties.
Important Deadlines For Passenger Injury Claims
Under New York law, the statute of limitations for filing a personal injury lawsuit is generally three years from the date of the accident (CPLR § 214). If a municipality is involved, such as when you’re injured on public transportation or due to unsafe road maintenance, you must file a Notice of Claim within 90 days (General Municipal Law § 50-e). Missing these deadlines can prevent you from recovering damages.
Accident Claim Frequently Asked Questions
Can I Sue The Driver Of The Car I Was In If They Caused The Accident?
Yes. As a passenger, you have the right to bring a claim against the driver of the vehicle you were riding in if they were at fault. This is true even if the driver is a friend or family member. The claim is usually paid through their auto insurance policy.
Do I Have To Prove Fault To Recover No-Fault Benefits?
No. New York’s no-fault system allows passengers to receive medical and wage loss benefits without proving who caused the crash. However, if you want to recover for pain and suffering, you must prove that another party was negligent.
What If More Than One Driver Was At Fault For The Accident?
You can bring claims against multiple drivers if they all contributed to the crash. Under New York’s comparative fault rules, each party may be responsible for a share of your damages based on their percentage of fault.
Can I Still Recover Compensation If I Wasn’t Wearing A Seatbelt?
Yes, but the insurance company may argue that your injuries were worse because you weren’t buckled in. This could reduce your compensation under comparative fault laws, depending on the circumstances.
How Long Does It Take To Settle A Passenger Injury Case?
The timeline varies. Some cases settle within months, while others may take longer if liability is disputed or injuries are severe. Having a lawyer on your side helps move things along and ensures your rights are protected.
What If I’m Injured As A Passenger In A Rideshare Vehicle?
You may be able to file a claim against the rideshare driver’s insurance or the company’s commercial policy, depending on whether they were logged into the app and accepting rides at the time of the crash.
Will Filing A Claim Against My Friend’s Insurance Ruin Our Relationship?
Many clients worry about this. It’s important to remember you’re filing a claim against their insurance—not them personally. That’s why insurance exists, and most people understand that serious injuries need to be taken seriously.
Can I Recover Damages If The At-Fault Driver Doesn’t Have Enough Insurance?
If the driver who caused the crash is underinsured, you may be able to recover through your own uninsured/underinsured motorist (UM/UIM) coverage. We can help review your policy and explore every available option.
What Should I Do Immediately After A Crash As A Passenger?
Get medical attention, ask for a copy of the police report, gather contact information from all drivers and witnesses, and speak with a personal injury attorney before talking to any insurance adjusters.
How Much Does It Cost To Hire A Lawyer For A Passenger Injury Case?
At our firm, we work on a contingency fee basis. That means you don’t pay us unless we win your case. There are no upfront fees, and we only get paid when you do.
Call Our New York Injury Lawyer In Fishkill Now
At Jonna Spilbor Law, we understand how stressful it is to suffer injuries in an accident you didn’t cause. As injury attorneys based in Fishkill and serving the entire Hudson Valley, we take your case seriously and fight to recover the full compensation you’re entitled to.
Whether the crash involved a rideshare, public vehicle, or private car, we’re ready to help you every step of the way. Call Jonna Spilbor Law today at (845) 485-2529 for a free consultation. We proudly serve clients throughout Dutchess County, Putnam County, the Hudson Valley, and New York City.
