Your Remedies as a Passenger Injured in a Car Crash
In New York State, passengers hurt in automobile crashes can pursue compensation in a number of ways. Your ability to recover damages depends on a number of factors, including who was driving the vehicle, their insurance coverages and the seriousness of your injuries.
New York is a “no-fault” insurance state, which means there are specific procedures to be followed in seeking compensation for auto accident injuries. By law, drivers are required to carry personal injury protection (PIP) coverage as part of their insurance policies. PIP coverage pays for basic economic losses resulting from injuries in a car accident, regardless of who was at fault. As a passenger, you are generally entitled to PIP benefits under the policy covering the vehicle you were riding in, up to coverage limits.
PIP coverage typically pays up to $50,000 per injured person for reasonable and necessary medical expenses, up to 80% of that person’s lost wages (to a maximum of $2,000 per month for up to three years) and certain other reasonable and necessary expenses related the injury, such as transportation to medical appointments. It also provides a death benefit of $2,000. If your driver lacks PIP coverage or if for some reason you are not eligible under their policy, you may be able to claim no-fault benefits under your own auto policy, if you have one, or potentially through another household member’s policy.
PIP benefits do not include compensation for pain and suffering or other noneconomic damages. However, if your injuries meet the statutory threshold for “serious injury,” you may pursue a legal claim for such damages against the driver at fault for the crash, whether that was your own driver, another motorist or both. Injuries considered “serious” under N.Y. law include death, dismemberment, significant disfigurement, bone fractures, permanent limitation of use of a body organ or member, significant limitation of use of a body function or system or a medically determined injury or impairment that prevents your usual daily activities for at least 90 out of 180 days immediately after the accident.
When you bring a fault-based claim, it triggers the at-fault driver’s liability insurance. For private passenger cars, the minimum liability coverage required is $25,000 for bodily injury per person ($50,000 per accident) and $50,000 for death per person ($100,000 per accident). Taxi cab operators must carry liability coverage of at least $100,000 per person and $300,000 per accident. Rideshare services like Uber and Lyft must carry at least $1,250,000 in liability coverage while transporting passengers.
If more than one driver is at fault, you can bring a third-party claim against any or all responsible drivers, and their respective insurance coverages will apply. The total damages you recover will be allocated among the at-fault parties based on their share of liability.
If an at-fault driver has inadequate insurance, your own uninsured or underinsured motorist (UM/UIM) coverage may come into play, reimbursing you for medical expenses, lost income, and pain and suffering up to your policy limits. In New York, UM coverage is mandatory. UIM coverage is an optional add-on.
An experienced New York auto accident attorney can analyze your situation, determine the sources of compensation and pursue all possible legal avenues to recover the full measure of damages available.
The lawyers at Jakubowski, Robertson, Maffei, Goldsmith & Tartaglia, LLP in St. James, NY represent auto accident victims throughout Long Island and the New York metropolitan area. To learn how we can help you, call us at 631-360-0400 or contact us online.