How New York Laws Impact Passenger Injury Claims In Auto Accidents
Auto accidents leave passengers with serious injuries, creating significant medical expenses, lost income, and emotional distress. In New York, passengers have the right to seek compensation for their injuries, but the process can be complex due to the state’s no-fault insurance laws and liability rules. Understanding who is responsible and how to file your claim is important to recovering the compensation needed to move forward.
As an experienced New York car accident attorney, I help injured passengers understand their rights and navigate the legal process. Whether the accident involved a reckless driver, distracted driving, or hazardous road conditions, passengers have options under New York’s auto accident laws.
Understanding New York’s No-Fault Insurance Laws
New York follows a no-fault insurance system, meaning passengers must first file a claim under the vehicle’s Personal Injury Protection (PIP) insurance. Under New York Insurance Law § 5102, no-fault coverage pays for:
- Medical expenses related to the accident
- Lost wages up to a certain limit
- Essential services such as household assistance
PIP benefits apply regardless of who caused the accident, but they do not cover pain and suffering. To file a lawsuit against a negligent driver, passengers must meet New York’s serious injury threshold.
When A Passenger Can File A Lawsuit
If injuries exceed the no-fault threshold, passengers can file a personal injury lawsuit against the at-fault driver. According to New York Insurance Law § 5102(d), serious injuries include:
- Bone fractures
- Significant disfigurement
- Permanent loss of body function
- Dismemberment
- Death
A lawsuit allows passengers to recover pain and suffering damages, along with medical expenses and lost income beyond PIP limits.
Determining Liability In Passenger Injury Claims
Passengers are rarely at fault for an accident, but determining who is responsible for injuries can be complicated. Liability may rest with:
- The driver of the vehicle the passenger was in
- Another driver who caused the crash
- A third party, such as a company or municipality
In cases where both drivers share fault, passengers may file claims against multiple insurance policies to recover damages.
When The At-Fault Driver Is A Friend Or Family Member
Passengers often ride with friends or family members, making it difficult to file a claim against the driver’s insurance. However, auto insurance is designed to cover injuries, regardless of personal relationships. Filing a claim does not mean suing a loved one directly—it simply seeks compensation from their insurance company.
Passenger Injuries In Rideshare Accidents
If a passenger is injured in a rideshare vehicle, such as Uber or Lyft, insurance coverage depends on who was at fault. Both companies provide up to $1 million in liability coverage when drivers are actively transporting passengers. However, disputes over coverage can arise, making legal representation essential.
What Happens If The Driver Was Uninsured?
If the at-fault driver does not have insurance, passengers may be able to file a claim under uninsured motorist (UM) coverage. New York requires all drivers to carry UM coverage, allowing injured passengers to recover damages even if the driver was uninsured or fled the scene.
New York Passenger Injury Claim Frequently Asked Questions
What Should I Do After Being Injured As A Passenger In A Car Accident?
Seek medical attention immediately. Even if injuries seem minor, symptoms may worsen over time. Collect driver and insurance information, take photos of the accident scene, and file a police report.
Can I File A Claim If The Accident Was Caused By The Driver Of The Vehicle I Was In?
Yes. If the driver of your vehicle was at fault, you have the right to file a claim against their insurance. This does not mean suing them personally—their insurance is responsible for covering injuries and damages.
What If Both Drivers Are Responsible For The Accident?
If multiple drivers share fault, passengers may file claims against both insurance companies. This allows injured passengers to recover the full extent of their damages.
Can I Sue For Pain And Suffering After A Car Accident As A Passenger?
Yes, but only if your injuries meet New York’s serious injury threshold under New York Insurance Law § 5102(d). This includes broken bones, significant disfigurement, or permanent impairments.
Does No-Fault Insurance Cover All Of My Medical Expenses?
No-fault insurance covers reasonable and necessary medical expenses up to the policy limit, typically $50,000. If costs exceed that amount, injured passengers may need to file a lawsuit to recover additional compensation.
What If I Was Injured In An Uber Or Lyft Accident?
If the rideshare driver was at fault, Uber and Lyft provide up to $1 million in coverage. If another driver caused the accident, passengers can file a claim against the at-fault driver’s insurance.
What Happens If The At-Fault Driver Is Uninsured?
New York law requires uninsured motorist (UM) coverage, allowing injured passengers to file a claim under their own insurance if the at-fault driver had no coverage or fled the scene.
How Long Do I Have To File A Passenger Injury Claim In New York?
The statute of limitations for personal injury claims in New York is three years from the accident date. However, if the accident involved a government vehicle, claims must be filed within 90 days.
We Take A Team Approach On Every Case
If you were injured as a passenger in a car accident, you have legal options. At Jonna Spilbor Law, we fight to ensure that injured passengers receive fair compensation for their medical bills, lost wages, and pain and suffering. New York’s insurance laws are complex, but we are here to protect your rights.
To receive a free consultation, contact our Poughkeepsie car accident lawyers today to receive your free consultation when you call our Poughkeepsie office at (845) 485-2529, our New York City office at (646) 922-9789, or our Cold Spring office at (646) 922-9789. We represent clients throughout the Hudson Valley, Dutchess County, Putnam County, and New York City. Let us help you get the compensation you deserve.
