What If I Am Injured as a Passenger in a Car Accident in New York?
Being injured as a passenger in a car accident can be a traumatic experience. Knowing your legal rights is helpful in ensuring that you can hold the negligent parties liable and recover the compensation you are entitled to. In New York, passengers have specific rights under state law, and several legal avenues are available to pursue claims for injuries sustained in a car accident.
No-Fault Insurance in New York for Motor Vehicle Passengers
New York is a no-fault insurance state, which means that after a car accident, each party's insurance company is responsible for covering their respective medical expenses and loss of income, regardless of who was at fault for the accident. As a motor vehicle passenger, you are entitled to receive compensation for medical bills and lost wages under the no-fault insurance policy of the vehicle in which you were riding.
Applicable Law: New York Insurance Law § 5102
This law mandates that passengers in a vehicle involved in an accident are covered under the vehicle’s no-fault insurance for medical treatment and lost wages. The minimum mandatory coverage under this law is $25,000 per injured victim and $50,000 per accident.
Filing a Personal Injury Claim Against the At-Fault Driver
If you meet the state’s "serious injury" threshold, you may be eligible to file a personal injury lawsuit against the at-fault driver. A "serious injury" under New York law includes conditions such as fractures, significant disfigurement, permanent limitation of use of a body organ, or a substantial full disability for 90 days. A personal injury lawsuit allows you to claim both economic damages (medical bills and lost wages) and non-economic damages (pain and suffering).
Applicable Law: New York Insurance Law § 5104(a)
This statute allows passengers to step outside the no-fault system and pursue a personal injury claim against the at-fault driver if the injuries meet the “serious injury” threshold.
Filing a Claim Against Multiple Parties
In some cases, more than one party may be responsible for the accident. For instance, if the accident involved multiple vehicles, you could potentially file a claim against each driver who may have contributed to the accident. Notably, if the driver of the vehicle you were in was fully or partially at fault, you might be able to file a claim against that driver as well.
What if the At-Fault Driver is Uninsured or Underinsured?
If the at-fault driver does not have sufficient insurance to cover your injuries, you may be able to seek compensation through your own insurance policy's uninsured/underinsured motorist (UM/UIM) coverage. This coverage can help fill the gap if the at-fault driver’s insurance is insufficient.
Applicable Law: New York Insurance Law § 3420(f)
This section of New York law mandates that insurance policies must offer UM/UIM coverage, which can be used by passengers injured in car accidents where the at-fault driver lacks adequate insurance.
Steps to Take After a Car Accident as a Passenger in NY
- Seek Medical Attention: Your health is the top priority. Make sure to get a thorough medical evaluation, even if you don't feel injured immediately after the accident.
- Report the Accident: Ensure that the accident is reported to the police and that a report is filed. This report will be critical to your claim.
- Collect Evidence: If possible, gather evidence at the scene, such as photographs, witness information, and the contact details of all drivers involved.
- Notify the Insurance Company: File a no-fault insurance claim with the insurance company of the vehicle you were in, as this will cover your immediate medical expenses and lost wages.
- Consult an Attorney: The legal complexities of a personal injury claim can be challenging. An experienced New York City car accident attorney can help ensure that you take the right steps and that all potential avenues for compensation are vigorously pursued to maximize your compensation.
Potential Compensation for Injured Passengers
As an injured passenger, you may be entitled to several types of compensation, including:
- Medical Expenses: Coverage for all medical costs related to your injuries, including hospital stays, surgeries, and ongoing treatment.
- Lost Wages: Compensation for any income lost due to your inability to work as a result of the accident.
- Pain and Suffering: Damages for physical pain, emotional distress, and the overall impact of the injuries on your quality of life.
Passenger Seatbelt Laws in New York: What if the Passenger Was Not Wearing a Seatbelt at the Time of the Accident
New York law mandates that all car passengers, regardless of age or seating position in the vehicle, must wear a seatbelt. This requirement applies to both front and rear seats. Specifically, New York's Vehicle and Traffic Law § 1229-c stipulates that:
- Front Seat Passengers: All front seat passengers must wear a seatbelt. This has been the law in New York since 1984.
- Rear Seat Passengers: As of November 1st, 2020, all passengers aged 16 and older seated in the back of a vehicle are also required to wear a seatbelt.
Failure to comply with these laws can result in fines for both the driver and the passenger.
The Impact of Not Wearing a Seatbelt on a Passenger's Claim
If a passenger is injured in a car accident and was not wearing a seatbelt at the time, it does not automatically bar them from seeking compensation for their injuries. However, it can complicate the process. Under New York’s doctrine of comparative negligence, a passenger's compensation can be reduced if their own actions contributed to their injuries.
If it is determined that not wearing a seatbelt contributed to the severity of the passenger's injuries, the amount of compensation they can recover may be reduced proportionally. For example, if a passenger's injuries are found to be 30% worse because they were not wearing a seatbelt, their compensation could be reduced by 30%.
“Seatbelt Defense” in New York
In personal injury cases, defendants (such as the at-fault driver or their insurance company) may argue that the passenger's failure to wear a seatbelt contributed to their injuries and should, therefore, limit the damages they are required to pay. This is often referred to as the "seatbelt defense."
- Relevance in Court: While New York law permits the introduction of evidence regarding seatbelt use to argue comparative negligence, the defense must demonstrate that the lack of seatbelt use directly contributed to the extent of the injuries sustained by the passenger. The court will consider this when determining the final compensation amount.
Choose Our Top-Rated Car Accident Lawyers in New York City
If you or someone you love has been injured as a passenger in a motor vehicle accident in New York City, you may be entitled to financial compensation. At The Law Offices of Michael S. Lamonsoff, we are fiercely dedicated to fighting for your rights and maximizing your compensation. Known for our aggressive and results-driven approach, we have achieved some of the highest settlements and verdicts in New York State.
Our firm is consistently recognized in “VerdictSearch’s Top New York Verdicts,” and Mr. Lamonsoff’s membership in the Million Dollar and Multi-Million Dollar Advocates Forum reflects our ability to recover maximum damages. No case is too big or too small for our NYC car accident attorneys. To schedule your free consultation, call us at 212-962-1020 or fill out this online contact form.