Riding as a passenger in a vehicle should feel like a routine experience, but unfortunately, accidents can happen unexpectedly. If you’ve been injured while riding as a passenger in a car accident, you may be left wondering what your options are for compensation and how much you can recover. The answer depends on several factors, especially if the accident took place in a no-fault state like New York.
Managing the complexities of New York’s insurance laws and understanding your rights as a passenger can be overwhelming. That’s where legal guidance comes in. At Rosenberg & Gluck, LLP, our Long Island car accident attorneys are committed to securing the maximum compensation available for injured passengers. With extensive knowledge of New York laws, we will handle the legal process while you focus on your recovery.
Your car accident lawyer will discuss the factors determining how much money you, as a passenger, may be entitled to after a car accident. We’ll also explain New York’s no-fault insurance system and how an experienced attorney can help you pursue compensation for your physical, emotional, and financial damages.
Damages Available to Passengers in a Car Accident Claim
If you’re injured as a passenger in a car accident, you can generally recover compensation for various damages. The extent of your injuries and the associated financial burdens will significantly determine how much money you can receive. Common types of damages you may be entitled to include:
- Medical expenses: This includes hospital bills, doctor’s visits, diagnostic tests, surgeries, rehabilitation, and any necessary medical equipment, such as crutches or braces.
- Future medical costs: If your injuries require long-term care, you may be entitled to future medical expenses related to your recovery.
- Lost wages: If your injuries prevent you from working, you can recover compensation for lost income. In long-term disability cases, you may also be entitled to compensation for diminished earning capacity.
- Non-economic damages: While New York’s no-fault system limits these types of damages, if your injuries meet certain thresholds (such as significant disfigurement or permanent disability), you may be eligible to pursue compensation for pain and suffering, emotional distress, and loss of enjoyment of life.
How New York’s No-Fault Insurance System Affects Compensation
New York operates under a no-fault insurance system, which affects how compensation is handled for car accident victims, including passengers. Under this system, drivers must carry Personal Injury Protection (PIP) coverage, which is designed to provide compensation for medical expenses and other related costs, regardless of who was at fault for the accident.
As a passenger in a car accident in New York, you are typically covered by the driver’s PIP insurance, meaning your medical expenses, lost wages, and other essential costs will be paid through this coverage. PIP is intended to simplify the process of obtaining compensation, but it comes with limitations that could affect the total amount of money you can recover.
Basic PIP Benefits in New York
- Medical bills: PIP covers necessary medical treatment, including hospital stays, surgeries, rehabilitation, and any diagnostic tests related to the accident.
- Lost income: If your injuries prevent you from working, PIP will compensate you for a portion of your lost wages, though there is a cap on the amount you can receive.
- Essential services: PIP may also cover expenses for necessary services you can no longer perform due to your injuries, such as childcare or household chores.
Limitations on Non-Economic Damages in New York’s No-Fault System
Injured passengers can sue the at-fault driver in states without no-fault insurance to recover these damages. However, in New York, passengers must meet a specific threshold to pursue non-economic damages through a lawsuit.
To file a lawsuit for non-economic damages in New York, your injuries must be classified as “serious.” This can include:
- Significant disfigurement
- Bone fractures
- Permanent limitations in the use of a body organ, function, or system
- Significant injuries that prevent you from performing daily activities for at least 90 days following the accident
If your injuries meet these criteria, a car accident attorney from Rosenberg & Gluck can help you pursue a third-party claim against the at-fault driver to recover compensation for pain, suffering, and other non-economic damages.
How a Lawyer Can Manage New York’s No-Fault Insurance System
- Evaluate the severity of your injuries: Our legal team will work with your medical providers to determine whether your injuries meet the state’s threshold for serious injury. We’ll also ensure that all necessary medical documentation is to support your injury claim.
- Maximize your PIP benefits: If your injuries don’t initially meet the serious injury threshold, we can still help you navigate the PIP claims process and ensure that you receive the maximum benefits allowed under your policy. This includes working with your insurance company to cover all relevant medical bills and lost wages.
- If eligible, pursue a personal injury lawsuit: If your injuries are serious, we can step outside the no-fault system and file a personal injury lawsuit on your behalf. This allows you to seek compensation for pain and suffering, additional medical expenses, future lost wages, and other damages not covered by no-fault insurance.
- Handle insurance disputes: In some cases, your insurance company or the at-fault party’s insurance may dispute the severity of your injuries or attempt to minimize your compensation. We’ll handle all communications and negotiations with the insurers to protect your rights and fight for the full compensation you deserve.
What Compensation Can You Recover in a Lawsuit?
If you are eligible to step outside the no-fault system and file a personal injury lawsuit, you may be able to recover additional compensation for:
- Pain and suffering: Unlike no-fault claims, a lawsuit allows you to seek compensation for the physical and emotional pain you’ve endured as a result of your injuries.
- Future medical expenses: Serious injuries may require ongoing treatment, rehabilitation, or surgeries. You can seek compensation for any future medical costs your PIP coverage won’t cover.
- Lost earning capacity: If your injuries prevent you from returning to work permanently or significantly limit your ability to earn a living, you may be entitled to compensation for your lost earning potential.
- Emotional distress: Emotional trauma can have lasting effects on your life, and a lawsuit allows you to seek compensation for the psychological impacts of the accident, such as anxiety, depression, or PTSD.
What Affects the Value of Your Passenger Injury Claim?
Determining how much money a passenger can receive after a car accident depends on various factors. Let’s explore some of the key elements that influence the value of your claim.
Severity of Your Injuries
The severity of your injuries is one of the most critical factors in determining compensation. Passengers who sustain catastrophic injuries often receive higher compensation due to the long-term or permanent impact on their lives. Common catastrophic injuries from car accidents include:
- Traumatic brain injuries (TBI): Brain injuries can result in cognitive impairment, memory loss, and long-term physical disabilities.
- Spinal cord injuries: Damage to the spinal cord can cause paralysis or loss of sensation and function in parts of the body.
- Severe burns: Burns caused by fires or explosions in car accidents can lead to permanent disfigurement and emotional trauma.
- Amputations: In extreme cases, the force of the accident may require surgical amputation of a limb.
- Multiple fractures: Broken bones, such as skull or rib fractures, can require extensive surgery and prolonged recovery periods.
If your injuries require ongoing medical treatment or have permanently altered your life, your compensation will likely be higher. A knowledgeable personal injury attorney will work to ensure you receive the compensation you need to cover these extensive costs.
Impact on Your Future
In addition to the immediate consequences of your injuries, your lawyer will also consider how they affect your future. If your injuries prevent you from returning to work or reduce your earning capacity, you may be entitled to compensation for future lost income. Similarly, if your injuries have long-term effects on your ability to enjoy life or participate in activities you once loved, this will factor into your claim.
Availability of Insurance Coverage
The amount of insurance coverage available will also affect the value of your claim. In New York, drivers are required to carry a minimum of $25,000 in bodily injury liability coverage per person and $50,000 per accident. However, in cases of severe injury, this minimum coverage may not be sufficient to cover all your expenses. In such instances, your attorney may explore other avenues for compensation, such as the at-fault driver’s assets or underinsured motorist coverage.
How Rosenberg & Gluck Can Help Maximize Your Compensation
At Rosenberg & Gluck, LLP, we understand the financial, physical, and emotional toll that a car accident can take on passengers. Our goal is to help you recover the maximum compensation possible for your injuries. Here’s how we can assist:
- Free Case Evaluation: We offer a free consultation to evaluate your car accident case and determine whether you have grounds to pursue a claim. During this consultation, we’ll review the details of your accident, your injuries, and the available insurance coverage. If we take your case, we’ll fight for you every step of the way.
- Personalized Legal Strategy: Each accident and injury is unique, which is why we tailor our approach to the specifics of your case. We will carefully assess the full extent of your injuries and losses and develop a legal strategy designed to secure a fair settlement or, if necessary, take your case to trial to pursue a verdict.
- Contingency Fee Basis: We understand that financial stress can make it difficult to focus on your recovery. That’s why we work on a contingency fee basis—meaning you won’t pay us any legal fees unless we secure compensation for you.
- Extensive Knowledge of New York Laws: Rosenberg & Gluck is a Long Island-based firm with deep experience in New York car accident laws. We know how the no-fault system works and how to navigate the complexities of insurance claims and personal injury lawsuits. Our local presence makes us accessible to our clients, and our knowledge of New York laws gives us the ability to provide targeted, effective representation.
How Soon Should I Talk to a Lawyer?
There are deadlines for filing a personal injury claim. Each state has its own rules for this. In New York, the statute of limitations for filing a personal injury lawsuit is generally three years from the date of the accident.
However, certain circumstances can shorten this timeframe. For instance, if a government vehicle was involved or the accident occurred on public property, you may have a much shorter window to take legal action. Acting promptly is crucial to protecting your right to seek compensation.
Once this window closes, you will lose your right to file a claim or lawsuit. If you’ve been injured as a passenger in a car accident, the team of personal injury lawyers at Rosenberg & Gluck can help you navigate the lawsuit process, ensuring all necessary documentation is gathered and submitted on time.
Contact Rosenberg & Gluck for a Free Consultation
Don’t wait to seek the compensation you’re entitled to. If you or a loved one has been injured as a passenger in a car accident, contact Rosenberg & Gluck, LLP today for a free consultation. Our personal injury attorneys will listen to your story, answer your questions, and provide the legal guidance you need to make informed decisions about your case.
With decades of experience handling car accident claims in New York, Rosenberg & Gluck is committed to securing fair settlements and verdicts for injured passengers. You can focus on healing while we handle the legal details. We will work tirelessly to pursue the maximum compensation available for your injuries.
Let us put our knowledge of New York law and commitment to our clients to work for you. We serve Suffolk County, Nassau County, and the Boroughs. Call our Long Island office at 631-451-7900 or contact us online to fill out our free case evaluation form to get started.
