Being involved in a car accident as a passenger puts you in a potentially confusing situation. If you suffer injuries, can you pursue compensation? If so, from whom? A New York car accident lawyer can help you understand your rights and the necessary steps you should take to protect your options for securing the compensation you deserve.
Understanding New York’s No-Fault Laws
New York requires all drivers to carry auto insurance that includes no-fault benefits, also called personal injury protection (PIP) coverage. PIP coverage provides prompt reimbursement for medical expenses, lost income, and other costs related to accident injuries, regardless of who caused the accident. PIP coverage applies to both drivers and their passengers. New York requires motorists to carry at least $50,000 in PIP coverage, although policyholders may purchase higher coverage limits.
Under New York’s no-fault law, a person injured in an auto accident can only file a lawsuit against an at-fault driver for economic losses (e.g., medical bills or lost income) that exceed their no-fault benefits. A car accident victim can only seek compensation for non-economic losses if they suffered a “severe” injury, which includes injuries that cause:
- Death
- Dismemberment
- Significant disfigurement
- Bone fractures
- Loss of a fetus
- Loss of use of a body organ, member, or function
- Significant limitation of use of a body function or system
- Non-permanent impairment that prevents them from performing customary activities for at least 90 of the 180 days following the accident
Steps to Take After an Accident
Following a car accident, things you can do as a passenger to protect your rights to compensation for your injuries include:
- Ensuring that law enforcement has received a report of the accident and requesting a copy of any police crash reports
- Seeking prompt medical attention to diagnose your injuries and beginning treatment
- Following your treatment plan and medical restrictions
- Requesting copies of your medical records of your treatment and physical rehab
- Keeping all bills, invoices, or receipts for medical expenses and other injury-related costs
- Gathering your pay stubs if you need to take time off work or transfer to a lower-paying position
Finally, contact a car accident lawyer to pursue your insurance and legal claims for financial recovery.
Rights to Compensation for Injuries
After a car crash, you may have grounds to pursue legal claims against those at fault for the accident or liable for your injuries and losses. A car accident lawyer can help you seek financial compensation for your:
- Medical treatment or rehabilitation expenses
- Costs of long-term disability care, including home health services or home renovations to install disability accommodations
- Lost wages from missed time at work or reduced earnings in a part-time or light-duty position required by your medical restrictions
- Pain and suffering
- Reduced quality of life due to physical disabilities, visible scarring, or disfigurement
- Repair or replacement costs for damaged property you had with you in the car
Contact a Car Accident Lawyer Today
After you’ve sustained injuries while riding in a car in New York, get the legal help you need to pursue financial recovery for your harm. Contact Campbell Associates Law today for a free, no-obligation consultation with our experienced firm to discuss your options for seeking the compensation and justice you deserve.