Absolutely. After a car accident in New York, injured passengers may pursue compensation for their damages from various sources.
After an accident disrupts your life and leaves you physically and emotionally injured, you need to know how to protect your rights and get the compensation you deserve. Depending on the severity of these injuries, identifying the best legal path forward can be complex. Our skilled White Plains car accident lawyers can simplify the process.
What Options Do Injured Passengers Have To Recover Compensation in New York?
If you were injured as a passenger in a car accident, you have several potential options to recover compensation for your injuries and associated damages. Damages are typically categorized as non-economic and economic. Non-economic damages cover things that are not as easily quantifiable, such as pain, suffering, and lowered quality of life. Economic damages cover things that can be reduced to a monetary value, such as medical bills, lost wages/income, and property damage.
Depending on the drivers and vehicles involved in the accident, injured passengers may be able to recover compensation through no-fault, liability (including rideshare coverage, if applicable), and uninsured motorist policies. Pursuing compensation may require a personal injury lawsuit, and, in the event the passenger’s accident is fatal, surviving loved ones can seek compensation through a wrongful death lawsuit.
File a No-Fault Insurance Claim
Under New York law, all drivers must carry no-fault insurance coverage for basic economic losses, such as medical bills, lost wages, and property damage. This coverage applies regardless of who caused the accident. The minimum no-fault coverage amount under New York law is $50,000 per person—including drivers, passengers, and pedestrians. No-fault insurance does not cover non-economic losses.
File a Personal Injury Lawsuit
In addition to their no-fault claim (as New York is a no-fault insurance state), passengers may also be able to pursue legal action against the driver or drivers responsible for their injuries. If the injured passenger suffered a “serious injury” as defined under New York State’s Insurance Law, the passenger can pursue a personal injury lawsuit agains the at-fault driver or drivers. New York drivers must carry the following minimum third-party liability coverage, applicable when causing injury to others:
- $25,000 for bodily injury per person ($50,000 for fatal injuries)
- $50,000 for bodily injury per accident ($100,000 for fatal injuries)
- $10,000 for property damage per accident
File an Uninsured/Underinsured Motorist Claim
Injured passengers may also be able to seek compensation through available uninsured/underinsured motorist (UM/UIM) insurance, if the at-fault driver lacks sufficient coverage for the injuries they caused. In New York, every auto insurance policy.must include at least $25,000 per person and $50,000 per accident in UM/UIM coverage. This insurance covers drivers, family members, and passengers. UM/UIM insurance will also cover you in the event the at-fault driver can’t be found, such as in a hit-and-run.
Filing a Lawsuit Against the At-Fault Driver
Again, if you suffer a serious injury, you may be able to sue the at-fault driver to recover damages. “Serious injuries” are defined under New York’s Insurance Law to include:
- Death
- Dismemberment
- Significant disfigurement
- Loss of a fetus
- Fractured bones
- Permanent loss of use of a body organ, member, function, or system
- Permanent consequential limitation of a body organ or member
- A significant limitation of the use of a body function or system
- An injury that prevents you from participating in your regular daily activities for at least 90 of the 180 days immediately following the accident.
Most personal injury lawsuits are based on negligence, which requires proving that the at-fault driver injured you by failing to take reasonable care to avoid causing harm to others (e.g., running a red light, driving while intoxicated or driving while intoxicated). If multiple drivers were at fault, injured passengers may be able to file car accident claims against all of them.
Rideshare Insurance
If you were injured in a rideshare accident, such as an Uber or Lyft, the company may offer additional insurance coverage. Uber and Lyft provide different levels of insurance coverage based on the driver’s working status, typically as follows:
- If the driver is logged out of the Uber or Lyft app, their personal auto insurance will apply.
- If the driver is online but not engaged with a customer, their company must provide at least the following liability coverage: $75,000 for bodily injury/death per person, $150,000 for bodily injury/death per accident, and $50,000 for property damage per accident.
- If the driver is en route to or transporting a customer, the rideshare company must provide at least $1.25 million in liability coverage for injury, death, and property damage, as well as $1.25 million in supplementary UM/UIM coverage.
How Can Lever & Ecker Help Injured Passengers?
If you were injured as a passenger in a car accident, our White Plains personal injury attorneys are ready to help you understand your legal options. Insurance companies don’t like paying out claims and will do everything in their power to minimize your compensation. With over 70 years of combined experience, our award-winning lawyers have what it takes to protect your rights. We take personal injury cases . . . very personally. Call (914) 288-9191 or contact us online to schedule a free consultation.
