- You may be able to sue the driver and other at-fault parties if you were seriously injured as a passenger in a car accident.
- In New York, you must normally file a no-fault insurance claim with the driver’s no-fault insurance first, regardless of who was at fault.
- Our experienced car accident lawyers are ready to fight for you.
Can a Passenger Sue a Driver After an Accident?
As a leading personal injury law firm in New York, one of the most common questions we get from our clients is, “What happens if you are a passenger in a car accident?” You have a right to pursue damages when you have been seriously injured or suffered extensive economic losses as a passenger in a car accident in New York.
However, you must normally file a no-fault insurance claim before filing a fault-based liability claim against the responsible driver and their insurers. You can only file an auto-liability claim against the responsible parties if your injuries are deemed “serious” or your basic economic losses are greater than $50,000. New York law defines serious injuries as the following:
- Fatal injuries
- Broken bones
- Loss of a limb
- Disfigurement
- Miscarriage
- Severe and permanent organ damage
- Loss of use of any bodily member or system
- Injuries resulting in significant permanent impairments
- Injuries that prevent you from engaging in normal activities for at least 90 of the 180 days following the accident
If your injuries are severe and the insurance companies fail to cover all of your damages, you can sue the responsible parties to recover the full compensation you are entitled to under the law.
“Passengers in the accident can sue because they’re actually in the best position to be victorious, and so of course, yes, they can sue.” – Sameer Chopra, Founding Partner
Who Can Be Sued for Passenger Injuries in an Accident?
As a severely injured passenger in a car accident, you generally have a right to sue anyone who caused or contributed to the accident and their insurance company. In many cases, multiple parties are liable. Among others, you may be able to sue one or more of the following parties:
- The driver of the car you were riding in
- The driver of another vehicle
- The owner of any vehicle involved
- If the driver was working, you could sue the employer. i.e. Uber or Lyft accidents
- A trucking company
- A government entity
- The manufacturer of a defective vehicle or vehicle component
What Compensation is Available for Passengers in an Accident?
When pursuing a car accident settlement in New York, understanding the difference between economic and non-economic compensation is crucial. Economic damages compensate you for tangible, out-of-pocket costs like medical bills and lost wages, while non-economic damages compensate you for the more subjective, emotional, and physical suffering caused by the accident. Both types of damages are essential in securing a comprehensive and fair settlement for your losses.
What Economic Damages Cover
- All medical costs related to the accident including: hospital bills, doctor office visits, surgery or treatments, prescription medications, physical therapy, medical devices, and rehabilitation services
- Income from lost wages including: salary/wages, bonuses or commissions, and even self-employment earnings
- Future lost earnings: These earnings can be more complex to calculate and may require expert testimony from economists or vocational specialists. It takes into account factors such as your career potential, the extent of the disability, and the likelihood of returning to work.
- Cost of future medical care: If the accident results in long-term or permanent injuries, you may be entitled to compensation for future medical expenses like long-term care and modifications to your home.
What Non-Economic Damages Cover
- Factors for pain and suffering includes ongoing pain from fractures, surgeries, and emotional distress such as anxiety, depression, or PTSD.
- Loss of consortium is compensation for the loss of companionship and intimacy with a partner due to the accident-related injuries
- Loss of enjoyment of life recognizes the broader impact that a severe injury has on a person’s quality of life. You could receive additional compensation if your injury prevents you from returning to hobbies and activities you enjoyed prior to the accident.
Compensation that Chopra & Nocerino has Secured for Passengers
Our New York car accident lawyers are true advocates with over 20 years of combined experience. We fight for our clients and refuse to back down until we win the compensation they deserve. We have recovered hundreds of millions in verdicts and settlements for our clients, including:
- $2.25 million for a 33-year-old passenger of a vehicle that was struck by a truck, resulting in the client needing back surgery.
- $1.250 million for a 23-year-old taxi passenger whose injuries required shoulder and spine surgeries.
- $1.05 million for a 47-year-old passenger who was injured when the vehicle she was in struck a stationary container in Brooklyn.
What Are Your Rights as a Passenger in an Accident?
When you are injured as a passenger in someone else’s vehicle, you have the right to:
- Pursue compensation through the driver’s no-fault insurance.
- File auto liability insurance claims against the responsible parties and their insurers if your injuries are severe or your basic economic losses exceed $50,000.
- File a personal injury lawsuit if you cannot recover the compensation you deserve through insurance claims.
No-Fault Insurance Claims
When you are injured as a passenger in someone else’s car, the driver’s no-fault insurance should cover your economic damages, regardless of whether the driver was at fault for the accident. Economic damages compensate for your monetary losses, such as medical bills and lost wages. No-fault insurance covers some of these costs up to the policy limits. New York drivers must carry at least $50,000 in no-fault insurance coverage.
Bodily Injury Liability Claims
If the driver’s no-fault insurance is insufficient to cover all of your damages, you may be able to file a claim against their liability policy, other negligent drivers, and anyone else who contributed to the crash. The minimum liability coverage in New York breaks down as follows:
- $10,000 for property damage per accident
- $25,000 for bodily injury per person involved in an accident ($50,000 if they are killed)
- $50,000 for bodily injury for two or more people in an accident ($100,000 if they are killed)
You may be able to recover economic and non-economic damages through liability insurance policies. Economic damages cover tangible losses that easily reduce to a monetary value. Non-economic damages compensate for intangible losses, such as pain and suffering, emotional distress, and loss of enjoyment of life.
Personal Injury Lawsuit
If the insurance companies refuse to compensate you fairly, you have a right to sue for the full and fair value of your economic and non-economic damages. If the conduct that led to your injuries was deliberate, particularly irresponsible, or otherwise reprehensible, you may also be able to pursue punitive damages.
Count on Chopra & Nocerino to Assist You in Protecting Your Rights
If you or your loved one has been injured as a passenger in a car accident, our compassionate and skilled New York personal injury lawyers are ready to handle your legal claim and fight for your rights. We are a law firm unlike any other out there. Insurance companies don’t play fair, but we power through their nonsense to defend your right to full and fair compensation.
As real New Yorkers dedicated to helping fellow New Yorkers, we treat our clients like family. We charge no upfront fees, and you only pay us if we secure compensation on your behalf.
Contact us online or call (855) NYC-HURT to schedule your free consultation. We are here to answer your questions. Para servir mejor a todos los miembros de nuestra comunidad, ofrecemos servicios en español.
