Being a passenger in a car accident is often a confusing and stressful experience. Injured passengers have rights and legal options. Our law firm wants to help clear away any confusion injured passengers have about their rights and options and help our injured passenger clients get past their stress.
Talking to our Long Island car accident lawyer is a good first step to ensure you understand your rights and how to take advantage of them. Our law firm offers free assessments and handles these cases with no upfront fees or costs.
- Filing a No-Fault Insurance Claim as an Injured Passenger
- Filing a Claim Against the At-Fault Driver
- Filing a Claim Based on Uninsured or Underinsured Motorist Coverage
- What Are My Priorities After a Car Accident?
- What Compensation Is Available to Passengers After a Crash?
- Discuss Your Car Accident Injuries With Our Team for Free
Filing a No-Fault Insurance Claim as an Injured Passenger
New York is a “no-fault” insurance state, which means that Personal Injury Protection (PIP) benefits are available to cover many accident damages. This includes medical expenses, a portion of lost income, and other related costs.
As a passenger, you will file a claim under the PIP coverage of the owner of the vehicle you were in.
All car insurance policies in New York carry at least $50,000 in PIP coverage per person. However, you only have a short time to file your initial claim. Our car crash lawyers can help you act quickly to protect your rights.
For a free legal consultation, call 516-932-0400
Filing a Claim Against the At-Fault Driver
If you have serious injuries as a result of the car accident, you have a right to sue the at-fault driver(s). Losses that could justify a personal injury claim include:
- Traumatic brain injuries
- Fractures
- Significant disfigurement
- Loss of a fetus
- Permanent loss or significant limitation of a body part
- Significant time away from work or other activities
If you work with our car accident attorney, we will determine liability in your case. Who you will pursue a case against depends on fault. At-fault parties could include:
- The driver of your car
- Another driver
- Both drivers
- A municipality for a defective road design
- A car manufacturer for a dangerous defect in their car that contributed to the happening of the accident
Our legal team will file claims that should be covered by each at-fault party’s auto liability insurance policy or sue the liable party or parties in civil court to seek appropriate compensation based on your injuries.
Filing a Claim Based on Uninsured or Underinsured Motorist Coverage
If the at-fault driver lacks sufficient insurance to cover your damages or has no insurance at all, you should be able to file a claim under the Uninsured/Underinsured Motorist (UM/UIM) coverage of the car you were in or your own insurance policy.
New York law requires uninsured motorist coverage. You should have access to this coverage when you need it. Sometimes, these policies are the only option beyond PIP coverage when an uninsured driver causes a serious injury crash.
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What Are My Priorities After a Car Accident?
If you were hurt in a crash as a passenger, act quickly to protect your rights and seek appropriate compensation:
- Seek Medical Attention: Your health should be your main priority. If you are injured, get medical care. Getting medical care also provides documentation of your injuries for your insurance claim or lawsuit.
- Report the Accident: Call the police so they can provide assistance and complete an accident report. A police report is a critical piece of evidence for insurance claims or other legal action.
- File a No-Fault Claim: Submit a PIP claim based on your treatment and missed work. Ensure you do so quickly to meet any applicable deadlines.
- Consult Our Attorneys: Injured car passengers often have several legal options, and it is difficult to know what to do. Our auto accident lawyers will handle your claims and fight for the compensation you need to pay for your bills and cover your losses.
You must act quickly to take these steps. You only have a limited time to file a PIP claim or to sue an at-fault driver and litigate your case.
You will also need strong evidence to support a fault-based claim, and evidence often disappears quickly after a crash. Our attorneys will preserve this evidence if you contact us about your case early enough for us to do so.
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What Compensation Is Available to Passengers After a Crash?
The types of damages recoverable as a passenger hurt in a collision depend on how you seek compensation and the insurance policy that you file your claim with. For example, PIP policies only pay for:
- Medical Expenses: Medical costs related to the accident, including current and future treatment costs
- Lost Income: Compensation for income lost while missing work today or in the future
- Out-of-Pocket Costs: Some related expenses
Fault-based claims against a driver’s auto liability policy could pay out much more. If you file a fault-based claim, you have the right to ask for:
- Economic Losses Not Covered by Your Insurer: Compensation for expenses that exceed your no-fault policy
- Pain and Suffering: Non-economic damages for physical pain and associated emotional suffering
- Diminished Quality of Life: Your inability to enjoy your life or take care of yourself as you did before
Our car injury lawyers will fight for the damages you deserve, whether you ware a driver or a passenger.
Discuss Your Car Accident Injuries With Our Team for Free
As a passenger in a car accident in New York, you have rights and possibly multiple options for recovering compensation. Whether through PIP benefits, a claim against the at-fault driver, and/or other insurance coverage, you should be able to recover appropriate compensation based on your expenses and losses. At Friedman & Simon Injury Lawyers L.L.P., our car accident lawyers handle these cases and fight for the compensation our clients need to cover their costs.
If you suffered injuries as a passenger in a car accident, we will assess your case today for free. Call our office or use our contact form to schedule a free consultation with our team. Our car accident attorneys meet injured clients on Long Island or elsewhere in the New York metropolitan area.
Call or text 516-932-0400 or complete a Free Case Evaluation form