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Hospital bills, missed paychecks, and weeks of physical therapy can add up fast after a car accident. When you were a passenger who had no control over what happened, bearing those costs alone is not something the law requires. In New York, injured passengers have the right to no-fault benefits and may also sue the at-fault driver for pain and suffering if the injury meets the state’s serious injury threshold. A Garden City personal injury attorney at The Saul Law Firm can identify every available source of recovery and make sure nothing is left on the table.
How Does New York’s No-Fault Insurance Protect Injured Passengers?
New York is a no-fault insurance state, which means that after a car accident, your own insurance company will initially cover your medical expenses up to a certain limit. This is known as Personal Injury Protection (PIP) coverage. It applies regardless of who caused the accident. For passengers, this system provides a critical safety net. You should file your claim with the insurance company that covers the car in which you were an occupant.
New York’s minimum car insurance requirements mandate at least $50,000 in PIP coverage. That $50,000 covers medical bills, a portion of lost wages, and certain out-of-pocket expenses. No-fault will pay 80% of your monthly wages, up to $2,000 monthly. However, no-fault insurance does not compensate for non-monetary damages, such as pain and suffering.
There are also strict deadlines you need to know. No-fault claims must be filed within 30 days of the accident, submit medical bills within 45 days of treatment, and submit claims for loss of earnings within 90 days of when incurred. Missing these windows can jeopardize your ability to collect benefits, so acting quickly after an accident in Garden City or anywhere on Long Island is essential.
Who Can You File a Claim Against as an Injured Passenger?
One of the strongest advantages passengers have is that you are likely free from blame since you weren’t driving. That means fault likely falls on one or more of the drivers involved, and you can pursue compensation from any negligent party. Depending on the circumstances, an injured passenger may seek compensation from:
- The driver of the vehicle you were in, if that driver’s negligence caused or contributed to the crash
- The driver of another vehicle, if they were fully or partly responsible for the collision
- Both drivers, if fault is shared between them
- A third party, such as a vehicle manufacturer or a government entity responsible for unsafe road conditions
New York follows a comparative negligence rule, which means that if you are partially at fault for the accident, your compensation may be reduced by your percentage of fault. As a passenger, it is unlikely that you would be assigned any fault unless your actions directly contributed to the accident, such as distracting the driver or failing to wear a seatbelt.
If your injuries meet the state’s serious injury threshold, you can step outside the no-fault system and file a personal injury lawsuit for additional damages, including pain and suffering. Under New York Insurance Law 5102(d), a “serious injury” includes death, dismemberment, significant disfigurement, a fracture, loss of a fetus, permanent loss of use of a body organ, member, function or system, permanent consequential limitation of use of a body organ or member, significant limitation of use of a body function or system, or a medically determined injury that prevents you from performing substantially all the material acts which constitute your usual and daily activities for at least 90 of the 180 days immediately following the accident.
What Should You Do After an Accident as a Passenger?
The steps you take in the hours and days after a crash can have a significant impact on your ability to recover compensation. Even if you feel fine at the scene, adrenaline can mask symptoms of injuries like whiplash, concussions, or soft tissue damage. Therefore, see a doctor as soon as possible.
Some injuries don’t show symptoms right away but can become serious if left untreated. A doctor can diagnose hidden injuries and start treatment early. Delaying treatment can give the insurance company a reason to argue that your injuries weren’t serious or weren’t caused by the crash.
Beyond medical care, you should take these steps to protect your rights:
- Call 911 and document the scene. Photograph vehicle damage, the surrounding area, road conditions, and any visible injuries. An official police report is one of the most important pieces of evidence for your claim.
- Collect contact and insurance information. Get details from all drivers involved, including their names, phone numbers, vehicle information and insurance policy information.
- Avoid giving recorded statements. Avoid giving statements to insurance companies without your attorney present, as anything you say may be used against you.
- Consult a personal injury attorney. An attorney can handle communications with the insurance companies, identify all liable parties, and ensure you meet every filing deadline.
Many passengers hesitate to file a claim when a friend or family member was behind the wheel. You may worry about damaging your relationship, but remember: you’re not suing them personally. Their insurance company is responsible for paying, not them. They have insurance for situations like this, and filing a claim doesn’t mean you’re blaming them.
How Long Do You Have to File a Passenger Injury Claim in New York?
Time limits are a critical factor in any personal injury case, and New York has some of the most important deadlines to keep in mind. According to CPLR 214(5), individuals typically have three years from the date of the incident to bring a personal injury lawsuit based on negligence. However, this three-year window does not apply to every situation.
Claims against government entities, such as a city bus or a vehicle operated by a municipal employee, require a notice of claim within 90 days, and the lawsuit must generally be filed within one year and 90 days. On the no-fault side, the 30-day deadline to file your claim with the insurer applies immediately. These compressed timelines are another reason to speak with an attorney as early as possible after a Garden City area accident.
In 2023, 23,959 passenger vehicle occupants died in motor vehicle traffic crashes across the United States. An estimated 1,947,298 passenger vehicle occupants sustained nonfatal injuries. Behind every one of those numbers is a person whose recovery depends on knowing their rights and acting within the legal deadlines.
Let Our Family Help Your Family After a Passenger Injury
If you were hurt as a passenger in a car accident on Long Island or anywhere in the New York City metro area, you do not have to figure this out alone. At The Saul Law Firm, we handle personal injury cases on a contingency fee basis, which means you pay nothing unless we recover compensation for you. Contact us today for a free consultation so we can assess your claim, explain your options, and help you take the next step toward putting your life back together.