When Can Passengers File a Claim After a New York Car Accident?
A skilled Bronx attorney can be your legal advocate every step of the way
In New York, passengers have unique rights when they are involved in car accidents. As non-driving victims, they rarely hold any responsibility for the crash, giving them a clear path to seek compensation.
Understanding when you can file a claim and the process involved can help ensure you receive the support you need for injuries, medical bills, and other damages. If you’re not sure where to begin, an experienced Bronx car accident lawyer at Giampa Law can help you explore your options.
What rights do passengers have after a New York car accident?
Passengers can file claims for damages just as drivers can. Since they typically don’t bear fault in the collision, they have strong grounds to pursue compensation for medical costs, lost wages, and emotional distress.
The no-fault insurance system in New York simplifies this process by covering basic economic losses through Personal Injury Protection (PIP), regardless of who was at fault.
How does New York’s no-fault insurance impact passenger claims?
New York’s no-fault system requires all drivers to carry PIP insurance. This covers up to $50,000 in basic economic losses for each person involved. This system means that, initially, passengers must file a claim through the PIP coverage of the vehicle they occupied at the time of the car accident.
However, passengers may also have options beyond PIP. If your medical expenses exceed PIP limits, or if you suffer a “serious injury” under New York law, you can file a liability claim against the at-fault driver’s insurance.
What qualifies as a “serious injury” in New York?
Under New York Insurance Law § 5102(d), a “serious injury” is defined as any personal injury resulting in:
- Death
- Dismemberment
- Significant disfigurement
- A fracture
- Loss of a fetus
- Permanent loss of use of a body organ, member, function, or system
- Permanent consequential limitation of use of a body organ or member
- Significant limitation of use of a body function or system
- A medically determined injury or impairment that is non-permanent but prevents the person from performing most of their usual daily activities for at least 90 days within the first 180 days after the injury
When can a passenger file a claim against the driver?
Passengers have the right to file a liability claim against the driver at fault – whether it’s the driver of the car they occupied or another vehicle involved in the crash. If a friend or family member was driving, you can still file a claim through their insurance without involving them directly in a lawsuit.
New York law permits claims against any driver whose negligence caused the accident. Examples of driver negligence include:
- Speeding or aggressive driving
- Distracted driving
- Driving under the influence
In cases where multiple drivers share fault, passengers may pursue claims with each insurer involved.
Can passengers file a claim for multiple types of insurance coverage?
Passengers may have multiple avenues for seeking compensation. Beyond PIP and the at-fault driver’s liability insurance, additional options include:
- Supplementary Underinsured Motorist (SUM) coverage: If the at-fault driver lacks adequate insurance, passengers may seek compensation through their own underinsured motorist policy.
- Uninsured Motorist (UM) coverage: If involved in a hit-and-run or a collision with an uninsured driver, passengers can file through UM coverage, which many policies include.
What steps should passengers take immediately after a car accident?
Here’s an expanded list of steps that passengers should take immediately after a car accident to protect their rights and strengthen their claim:
Seek medical attention
Even if your injuries seem minor, get a medical evaluation to document your condition and ensure that any injuries are treated properly. Delayed symptoms are common, and an early medical evaluation can help you address the injury before it worsens. Plus, medical documentation can strengthen your claim by linking your injury to the car accident you were involved in.
Call the police
Always report the car accident to the police and wait for an officer to arrive at the scene. They’ll conduct an initial investigation of the crash scene and document their findings in a detailed police report. This official report often becomes key evidence in establishing the facts and assigning responsibility.
Exchange contact and insurance information
While waiting for the police, collect names, contact information, insurance details, and driver’s license numbers from all drivers involved. This information will be necessary when filing your passenger injury claim.
Document the crash scene
Take clear photos of the car accident scene and capture vehicle damage, skid marks, traffic signals, visible injuries, and any other relevant factors. This type of visual evidence can help reconstruct the car accident and support your case.
Get witness information
If there are witnesses, ask for their names and contact details. Witness statements can provide an objective perspective on what happened, especially if there are disputes about who was at fault.
Keep all records and documents
Retain all medical records, receipts, crash reports, insurance communications, pay stubs, and any other relevant documentation. Organized records can support your claim for damages and compensation.
Adhere to legal and medical advice
Follow your doctor’s treatment plan and any legal advice your attorney provides. Missing appointments and engaging in certain physical activities can weaken your claim and may give insurance companies a reason to question the validity of your injuries.
Seek legal guidance
An experienced New York City car accident attorney can offer valuable legal guidance, protect your rights, and help you get the compensation you deserve. Having legal representation can also prevent you from having to deal with insurance adjusters.
Let a trusted Bronx attorney fight for your rights
If you were injured as a passenger in a car accident in NYC, you have the right to seek justice and fair compensation. Giampa Law has helped countless crash victims through complicated claims and maximized their compensation through settlements and verdicts. That includes:
- $6.8 million verdict – Bus collision with motor scooter, multiple fractures, Nassau County.
- $1.5 million verdict – Pedestrian struck by car, permanent mobility issues, Bronx County.
- $1.4 million settlement – Rear-end accident, neck surgery required, Bronx County.
Our law firm is committed to treating every client like family. You’ll work with a dedicated attorney who will fight for the results you deserve, using a proven approach that has delivered successful outcomes in many car accident cases.
During your free consultation, we’ll review your case details, answer questions, and discuss your options for pursuing compensation through a negotiated settlement or, if needed, in court. Our firm works on a contingency fee basis, so you won’t owe us any fees unless we win your case.
Don’t wait to get the help you need. Contact us online or call us today to schedule your free, no-obligation consultation. Let us start working on your behalf to get the compensation you need to move forward after your accident.
Click here to download a printable PDF of this article, “When Can Passengers File a Claim After a New York Car Accident?”