Can Passengers Get Compensation if They Are Hurt in a Car Accident?

Yes! Passenger injured in car accidents are entitled to compensation

If you live in the Bronx or anywhere in New York City, you know there are areas in NYC with traffic issues that often lead to accidents.Even the best drivers can find themselves in accidents that have lingering legal effects like medical bills, expensive car repairs and disputes with insurance companies.All of this gets even more complicated if there is a passenger in your car or if you are a passenger in somebody’s car.

New York State recently updated car insurance guidelines for ride-hailing apps such as Uber and Lyft. Operators of ride-sharing services and taxi companies must carry insurance coverage, even if the driver failed to get the appropriate insurance. These companies and their drivers have a responsibility to keep their passengers safe. If they fail to do so and you are injured, you are entitled to file a claim against these companies.

New York is a no-fault insurance state.

Because New York is a no-fault state, the driver’s insurance company is required to pay some or all of a passenger’s medical expenses regardless of who caused the accident. Generally, no-fault insurance compensation covers medical costs for your injuries, some of your related out-of-pocket expenses and loss of wages if you lost time from work due to your injuries. The law specifies that to be compensated, you must have suffered a serious injury that results in one or more of the following:

  • Injuries that resulted in death
  • Dismemberment or significant disfigurement
  • Bone fracture(s)
  • Loss of a fetus
  • Loss or limited use of a body organ, member, function or system
  • Medically determined injury or impairment that prevents you from performing your usual daily activities for at least 90 days

Typically, no-fault claims must be filed within 30 days of the accident. If your injuries don’t qualify under the no-fault option, you may be able to file a separate bodily injury claim. A personal injury lawyer can help you determine if you have a valid no-fault or bodily injury claim.

The driver’s insurance company pays claims for passenger injuries

If the driver was a family member or close friend, you might be hesitant about filing claims against the driver’s insurance company. You should not hesitate, however. No-fault claims are filed against the driver of the vehicle in which you were a passenger. The law says that the driver is responsible for your safety and they are responsible for using their insurance coverage to help cover your accident-related injuries.

If no-fault does not apply or if the driver of the other car was partially at fault, you may be able to file a claim against them. The most important thing to do after you are involved in an accident is to get medical help and contact a personal injury attorney. An experienced personal injury attorney can advise you on the appropriate actions to take to pursue compensation for your injuries.

Call for a free consultation with a Bronx car accident attorney

If you were injured as a passenger in a car accident, you should talk to Bronx personal injury attorney Evan W. Kohn.Evan W. Kohn is an experienced personal injury lawyer who can help you get appropriate compensation for your injuries. To schedule a free consultation, contact The Law Offices of Evan W. Kohn online or call 718-409-5500.

Attorney Evan Kohn
About the Author: Evan Kohn
Evan W. Kohn is an experienced personal injury attorney serving the New York City area. He handles cases ranging from auto accidents to personal injury, Slip and falls, truck accidents, and medical malpractice.