
Car accidents can be traumatic and painful for everyone involved. As a passenger, you have no control over the vehicle you are in, as well as those surrounding you. If you were a passenger at the time of a car accident you may wonder about your legal rights and whether or not you can sue one or more parties involved. Because of your lack of control and position in the vehicle, you can sustain serious injuries in a crash, often even more so than the driver. Determining liability is crucial in seeking compensation and legal action for your accident. Reach out to an experienced Rockland County car accident lawyer to discuss your legal rights and options.
Is New York a No-Fault State?
Yes, New York is a no-fault accident state. This means that after a car accident, all drivers involved are required to file a claim with their own insurance provider for compensation and damages. New York drivers must carry no-fault insurance, often referred to as Personal Injury Protection. This type of policy covers injuries of the driver and any passengers who were in the car at the time of the accident.
What Can I Do if I’m Injured as a Passenger?
If you are injured as a passenger in a car accident you should pursue compensation through one or more insurance providers, depending on the specifics of your situation. Consider the following.
- Your driver: The first and likely best option to recover compensation after sustaining injuries as a passenger is to file a no-fault claim through the insurance of the driver of the car you were in.
- Your insurance: You may also be able to pursue compensation from your own insurance policy given that you have personal injury protection.
- The other driver: Although it may be difficult to do as a passenger, you can also file a claim against the other driver’s insurance.
Can I Sue if I Was a Passenger in a Car Accident?
Because of the state’s no-fault laws, it can be difficult for a car accident passenger to file a lawsuit against one or more of the drivers. However, it is possible.
When a passenger suffers what is considered to be a serious injury, they can file a lawsuit against the responsible party for compensation. Your first step after being injured as a passenger should be to file an insurance claim with either driver’s policy or your own. However, if your claim is denied or does not cover the entirety of your associated expenses, you can sue.
If the other driver is found liable for the accident you can sue them to recover compensation for medical expenses, loss of income, property damage, pain and suffering, and more. However, if the driver of the car you were in is found liable, you may have to pursue legal action against them.
This can be difficult and often uncomfortable, especially if the driver is your family or friend. However, it is important that you do what is best for you and receive the compensation you deserve. Consult a skilled accident attorney to learn more about your rights and options.