After a car accident, the driver has the right to seek compensation from the at-fault party. So, too, do any passengers who were riding in the vehicle. Passenger injuries are more complicated than those involving the driver because there are different issues that arise when determining fault.

The simple fact is that without experienced legal counsel by your side, you as a passenger could be at a significant disadvantage. Even if you believe your injuries are minor, reach out to the Long Island personal injury attorneys of Dell & Dean PLLC for a free consultation.

What Makes Passenger Injuries Different?

Whether you are the driver or a passenger in a damaged vehicle, your injuries are likely to be similar. A serious enough crash will inflict many of the same injuries upon you as they inflict upon the driver. However, when it comes time to file a claim for monetary compensation, the differences will become clear.

These are a few factors which may affect the outcome of your claim:

  • You may have a claim against different people: Drivers who are involved in accidents often file claims against the other driver and third parties (e.g. the vehicle’s manufacturer). As a passenger, you may have a claim against them, too. But depending on the circumstances, you may be able to seek compensation from the driver of the vehicle you were in.
  • You might not know all the facts: The driver of your vehicle may have been negligent, perhaps by drinking and driving or by failing to repair a defect with the vehicle. Since you are a passenger, you might not know this yet. This is why you should consult a Long Island passenger injury lawyer to help you investigate the crash.
  • Comparative fault could be an issue: Comparative fault is a legal doctrine by which if an accident victim is partially at fault, then their available compensation decreases accordingly. Although passengers don’t control the vehicle, they can be partially to blame for the accident or their injuries. They may have distracted the driver or failed to wear a seatbelt, for instance.

Who Pays For My Injuries?

New York is a no-fault insurance state, which means that insurance pays for medical bills and a certain amount of economic losses for the injuries that passengers sustain, regardless of who was at fault. You must first file an insurance claim against the policy of the vehicle’s owner. However, what if your losses are significant?

If a victim suffers what the law considers “serious injury,” or economic losses over $50,000, they can sue the at-fault party to ask for even more compensation. Serious injury under New York law includes:

  • Death
  • Dismemberment
  • Significant disfigurement
  • Bone fracture
  • Loss of an unborn child
  • Permanent loss of the use of a body organ, member, function or system
  • Permanent or significant limitation of a body organ or member
  • A major disability that will last at least 90 days

Talk to a Long Island accident attorney about your insurance and legal rights after being in a crash as a passenger. We can advise you of your options for seeking compensation.

Are There Other Parties Who May Be At Fault?

One such option may include filing a claim against someone besides the drivers who were involved in the accident. Depending on the facts of your situation, these potentially at-fault parties could include:

  • The at-fault driver’s employer: If the driver who caused the accident was working at the time of the crash, the employer could be liable.
  • Vehicle or parts manufacturer: As mentioned above, victims of a Long Island car accident have the right to take action against a negligent vehicle or parts manufacturer.
  • A negligent mechanic: When mechanics and repair shops do poor work, they can cause serious accidents that harm passengers.
  • A bar or restaurant: This applies if the at-fault driver was drunk and a bar, restaurant, or other business served them alcohol in violation of the New York dram shop law.
  • A government entity: If there was a problem with the road that was due to government neglect, this opens the door to potential legal action.

Steps To Take After a Passenger Injury

The decisions you make immediately after being in a car crash will affect your health and legal rights moving forward. Our firm advises that you do the following:

  • Call 911: Report the accident right away to emergency officials and ask for a law enforcement officer to come to the crash site.
  • Get medical attention: Even if your injuries are minor or you don’t think you were hurt, see a doctor and let them make the call.
  • Document and preserve evidence: Take pictures and record videos of the accident scene and speak to any witnesses who saw what happened.
  • Follow your doctor’s recommendations: This is important to protect your health and avoid jeopardizing your right to compensation.
  • Hire a knowledgeable Long Island accident law firm: Call an attorney at your earliest convenience, regardless of whether the driver hires their own lawyer.

Contact Our Long Island Passenger Injuries Attorney

At Dell & Dean PLLC, we understand what being in an accident can do to a passenger. If you’re facing medical bills, lost time from work, and other losses, schedule your free consultation with our attorneys to begin your legal case. Call or complete our online contact form to get started.

Frequently Asked Questions About Passenger Accident Injuries

How long do I have to file a lawsuit?

Victims have three years from the date of the accident to file a lawsuit, under New York’s statute of limitations. Failure to take action by this date could result in your lawsuit getting dismissed. The strongest court cases, however, are filed long before the three-year deadline.

What is my case worth?

Depending on the facts of your case, you may be able to seek past and future medical bills, lost income, lost earning ability, compensation for pain and suffering, and more. Some of these are future damages, and our team of expert witnesses can help you quantify them. We work for the maximum amount of compensation that passenger accident victims deserve.

Should I talk to the insurance companies?

You may receive a call or letter from the at-fault party’s insurance company, but it is not recommended that you communicate with them without having legal representation. The insurer may seem sympathetic to your plight, but they are looking out for their bottom line and not yours. Don’t respond and certainly don’t sign anything from the insurance company; talk to us first to protect your rights.