Being hurt in a car you were not even driving feels unfair, and the questions pile up fast. Passengers injured in a New York car accident have some of the strongest claims on the road. Because you were not driving, you were probably not at fault for the crash, which removes the biggest obstacle most injury victims face. You can recover medical bills and lost wages through no-fault benefits no matter who was at fault, and if your injuries are serious, you can sue the negligent driver for pain and suffering. A New York car accident attorney at Bornstein & Emanuel, P.C. can pursue every avenue of compensation available to you.
How Does an Injured Passenger Recover Compensation in New York?
New York is a no-fault state, so the first place an injured passenger turns is no-fault insurance, also called personal injury protection or PIP. These benefits pay your medical expenses and a portion of your lost income, no matter who caused the crash. As a passenger, you typically file your no-fault claim with the insurer for the vehicle you were riding in.
No-fault benefits have limits, though. They do not pay for pain and suffering, and they stop once you reach the coverage cap. When your injuries are serious or your losses exceed what no-fault covers, you can step outside the no-fault system and bring a claim against the driver who caused the accident. That second path is where most of the real compensation for a badly hurt passenger comes from.
Are Passengers Covered by No-Fault Insurance in New York?
Yes. New York law treats a passenger as a “covered person,” which means you are entitled to first-party no-fault benefits just like the driver. According to the state’s Department of Financial Services, no-fault coverage pays the driver and passengers in a covered vehicle, as well as pedestrians struck by it, regardless of who was at fault.
Basic no-fault coverage in New York provides up to $50,000 per person. Those benefits include all reasonable and necessary medical expenses, 80 percent of lost earnings up to $2,000 per month for as long as three years, and up to $25 a day for other necessary costs like household help or transportation to medical appointments for up to one year.
There is one important exception. New York’s no-fault system does not apply to motorcycles. If you were hurt as a passenger on a motorcycle, you cannot collect no-fault benefits, though you may still pursue a claim directly against an at-fault driver. A motorcycle passenger’s path to compensation looks different, and getting advice early matters.
When Can an Injured Passenger Sue the At-Fault Driver?
No-fault benefits resolve many smaller claims, but they cannot make a seriously injured passenger whole. To pursue additional compensation, including pain and suffering, you must meet New York’s serious injury threshold. Separately, to recover economic losses beyond what no-fault paid, your basic economic loss must exceed the $50,000 no-fault cap.
Under New York Insurance Law, a serious injury typically falls into one of these categories:
- Death, dismemberment, or significant disfigurement
- A bone fracture or the loss of a fetus
- Permanent loss of use of a body organ, member, function, or system
- Permanent and consequential limitation of use of a body organ or member
- Significant limitation of use of a body function or system
- A medically determined injury that keeps you from your usual daily activities for at least 90 of the 180 days following the crash
If your injuries meet this standard, you can hold the negligent driver accountable for the full scope of your damages, not just the limited amounts no-fault pays. Proving a serious injury takes thorough medical documentation, which is one reason injured passengers benefit from legal help early in the process.
Who Can a Passenger File a Claim Against?
One advantage passengers have is choice. Depending on how the crash happened, you may have more than one party to pursue, which means more than one insurance policy that may cover your losses. Potential sources of recovery include:
- The driver of the vehicle you were riding in, if their negligence contributed to the crash
- The driver of another vehicle involved in the collision
- Both drivers, when fault is shared between them
- Uninsured or underinsured motorist coverage, if an at-fault driver has too little insurance or flees the scene
- A company if its employee caused the crash while performing their ordinary job duties
Many passengers hesitate because the at-fault driver was a friend or family member. It helps to remember that you are not asking that person to pay out of pocket. You are filing against their insurance policy, which exists for exactly this situation. An attorney can pursue the claim discreetly and professionally so your relationship stays intact.
Does It Matter If the Passenger Was Partly at Fault?
Passengers are not blamed for crashes as often as drivers, but New York’s rules protect you even if some fault is assigned to you. The state follows pure comparative negligence, which means your own share of fault does not bar your recovery. Instead, your compensation is reduced by your percentage of responsibility.
For example, suppose a court found you 10 percent at fault because you distracted the driver at the time of the crash. Your damages totaled $100,000, so you could recover $90,000 after the court reduces the damages by your percentage of fault. Because passengers seldom contribute to a collision, this rule usually works strongly in your favor, and it is one reason passenger claims tend to be cleaner than driver claims.
How Long Does a Passenger Have to Act After a New York Crash?
Two deadlines matter most. First, no-fault benefits require fast action. Generally, you must submit written notice to the insurer as soon as reasonably practicable, but no later than 30 days. Late notice is excused only if you can show a clear, reasonable justification in writing. Missing the window could cause you to lose your medical and wage benefits.
Second, any lawsuit against an at-fault driver must usually be filed within three years of the crash under New York’s statute of limitations. Shorter deadlines can apply if a government vehicle, such as a city bus, was involved. Because evidence fades and these timelines are strict, the sooner you speak with an attorney, the stronger your claim will be.
Injured as a Passenger? Talk to Bornstein & Emanuel, P.C. Today
You did nothing wrong, and you should not have to fight the insurance companies alone. Since 1992, Bornstein & Emanuel, P.C. has recovered millions for injured New Yorkers, and we work on a contingency fee basis, so you pay nothing unless we recover for you. Contact our Garden City office today for a free consultation. Se Habla Español.
