Car accidents can be traumatic life-changing events not only for the drivers involved but the passengers as well. Sometimes, being a passenger is more unsettling than being a driver, as you have no control over the vehicle. In New York, passengers have rights and protections under the law that ensure they receive the necessary medical care and compensation.
However, you will not receive the compensation you deserve if you don’t know or act on these rights. A New York car accident lawyer can ensure that your rights are protected and you receive the treatment and reimbursement you are entitled to.
Immediate Steps to Take After a Car Accident as a Passenger
A car accident can be highly traumatic, and the moments immediately after are crucial. Your actions after a car accident can determine whether your later claim will be successful.
- Seek Medical Attention
After an accident, your number one priority should be to make sure you are safe and seek medical attention. Even if you don’t feel injured, some harm, like internal bleeding and concussions, may not show symptoms immediately. Seeking medical attention not only ensures your health but also creates a medical record of your injuries, which is essential for personal injury claims.
- Gather Evidence and Document the Scene
Document the scene of the accident by taking photos of the vehicles involved, the surroundings, and any injuries. Additionally, gather contact information from any witnesses and the other drivers involved.
- Report Accident to the Authorities
In New York, it is legally required to report a crash if there is an injury, death, or property damage over $1,000. The authorities will provide a crash report and also document the scene. These documents are vital evidence for your personal injury claim. When the police arrive, give them accurate information.
Legal Rights of Passengers in New York Accidents
Every day, passengers sustain severe and life-altering injuries on New York’s streets and freeways. After an accident, passengers frequently suffer the same injuries as drivers. So, the law protects everyone no matter where they sit in the vehicle.
Passengers have the right to submit a claim to a driver’s insurance. Additionally, suppose the driver’s insurance does not cover a passenger’s damages. In that case, the passenger has the right to seek compensation from the negligent driver by filing a lawsuit in the appropriate court.
Can You Sue After Being Injured as a Passenger?
As a passenger, you can sue after a car accident. However, this can be complicated since New York is a no-fault state. No-fault means that the insurance company of the injured party pays for damages regardless of who caused the accident.
First, you should have an attorney file an insurance claim with your driver’s insurance policy. However, if your claim is denied or does not cover all your expenses, you may be able to sue. It should be noted that no-fault insurance coverage does not cover non-economic losses.
Who is Responsible for Passenger Injury Compensation
As mentioned, you can receive compensation from the insurance company of the driver of the car you were in to cover medical costs and related expenses under their personal injury protection plan (PIP). If the PIP plan does not cover your expenses, you can sue the driver responsible for the accident. The legal action will aim to hold the responsible party accountable and compensate you for any injuries and damages. A lawyer can investigate which parties are responsible and who you should pursue action against.
Navigating the Claims Process as a Passenger
Navigating the claims process can be complex and frustrating. After you seek medical attention and gather evidence, you should have an attorney contact the insurance company of the driver whose car you are a passenger in. If you have suffered a serious injury that no-fault coverage does not adequately compensate for, you might need to pursue a personal injury claim.
To be successful in a lawsuit, you must prove that the driver’s negligence caused the accident and your injuries.
The legal process is complicated and not user-friendly. An experienced lawyer can not only help you with the court process but also with dealing with the insurance companies. An attorney will make sure your rights are protected. Also, lawyers can fight for you to get fair compensation.
Types of Compensation for Passengers
Passengers can seek different forms of compensation for the damages they have suffered. There are two main types of damages: economic and non-economic.
- Economic Damages
These types of damages are tangible and easily quantified. They are covered under PIP insurance and may include medical expenses, lost wages, and replacement of any personal property damaged in the accident.
- Non-Economic Damages
Non-economic damages are intangible losses. These include the physical and emotional impact of the accident. Non-economic damages include pain and suffering, mental anguish, and loss of consortium. These damages can also include compensation for disfigurement and lost limbs.
Contact an Accident Lawyer for Legal Help
If you have been injured as a passenger in a car accident in New York, you do not need to pursue compensation alone. An experienced personal injury lawyer can help the process go much smoother and raise your chances of receiving adequate compensation. The attorneys at Omni Injury & Accident Law, are compassionate and talented advocates who will guide you through this challenging legal process. Our lawyers have extensive experience handling passenger’s personal injury cases. Call (646) 503-0404 today to schedule a FREE consultation with one of Omni’s attorneys TODAY!