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Carpooling to work or going to an event with a friend can save you on gas money while also allowing you to socialize with people you know, but it can make the aftermath of a potential car accident all the more complex.  

Being a passenger in a crashed vehicle can leave you wondering how (let alone whether) you can recover the losses you may have suffered, especially if they’re significant. The following information about the complexities of collisions when you’re a passenger will help you determine the legal options you may have in New York. 

Pursuing No-Fault Claims in New York 

New York is a no-fault state when it comes to traffic accidents, which means all of its drivers are required to carry insurance that covers basic economic losses of up to $50,000. That coverage will address medical expenses, lost wages, and other reasonable losses of up to $25 per day for a year for the affected driver or passenger.  

No-fault claims, as their name implies, do not require establishing liability, so they tend to be the fastest and simplest to navigate. If, however, you suffer a catastrophic injury, such as a spinal cord injury that leaves you unable to work in the same capacity or results in permanent disabilities, that coverage won’t be enough.  

New York Fault-Based Claims  

When facing serious injuries (or any that exceed $50,000 in losses), you have another option: filing a fault-based claim against the liable parties. New York defines serious injuries as those that include disfigurement, the loss of a fetus, and the loss of bodily functions, among others.  

To file these claims, it’s essential to establish liability, which is not simple. More than one party could be responsible, too, seeing as New York has pure comparative negligence laws that assign percentages of fault to all parties involved.  

Imagine, for instance, that you’re in your friend’s car, and they glance down at their GPS for a second. At the same time, a vehicle runs a red light, and both cars collide. If your friend had enough time to stop their vehicle and prevent the accident but didn’t because they were distracted, they could be found negligent, too.  

The majority of the fault will land on the person who ran the red light, to be fair, but some of the fault will indeed be your friend’s. If the accident resulted in severe injuries and you pursue a lawsuit, you can file against both parties.  

Can a Passenger Be Liable? 

Some of the most complex cases do involve passengers who hold some of the liability, but these are much less common than other scenarios. If, for example, a passenger was distracting the driver in any way or urging them to be reckless, they can be found liable. Under New York law, these passengers can still recover losses, but their compensation will be reduced by the percentage of fault they are assigned.  

How a New York Car Accident Attorney Can Help 

Establishing liability in a car accident in which a passenger is injured is not simple. The number of parties involved requires a thorough investigation, which you may not be able to handle if you’ve suffered serious injuries.  

Dealing with insurance companies is never an easy process, either. They are always looking out for their bottom line, so they’ll try anything to avoid paying you what you deserve. Even if you were not a driver in the accident, these agencies could lay some of the blame on you just as a means of reducing your compensation and saving money in the long run. 

If you’re going through the process alone, you may be pushed into accepting a lower offer than you deserve. An attorney, however, will have experience handling insurers and will negotiate aggressively on your behalf.  

Ask4Sam for Experienced Representation in New York 

If you’ve suffered serious injuries as a passenger in a vehicle, you have the right to file a claim for compensation. Establishing liability is vital in fault-based actions, but it’s not easy to do. To help yourself through such difficult times, it’s essential to hire experienced and dedicated lawyers.  

At Silberstein and Miklos, P.C., we have decades of combined legal experience that allows us to assist victims throughout the State of New York, earning millions in settlements and jury verdicts. After suffering losses in a crash, don’t wait to get help — Ask4SAM. Contact our team to speak with a personal injury lawyer about your options.