Rosenbaum & Rosenbaum, P.C. | August 8, 2022 | Car Accidents
Passengers in a car accident in NYC can absolutely recover damages for their injuries. You will most likely have to start with insurance claims but can then pursue a lawsuit against the at-fault party if necessary. What amount of money can you receive from a car accident? There is technically no limit under New York law.
When You Are Injured as a Passenger in a Car Accident: Insurance Claim Options
If you were a passenger in an NYC car accident and were injured as a result, you have several insurance avenues through which you can pursue compensation. Typically you have to start with the insurance companies before you can pursue other options for payment.
Your Driver’s Policy
New York is a no-fault car insurance state which means that every driver needs to have no-fault car insurance. When there is an accident, this insurance covers the drivers involved as well as their passengers. So the first step for a passenger who has been injured is to file a no-fault insurance claim through the policy of their driver. It doesn’t matter if their driver was at fault or not.
Bear in mind that insurance policies have limits to how much they pay out. So if there were several passengers in a car, all of their expenses are paid from the same no-fault policy’s pot, which could easily run out before everyone is properly compensated.
Your Own Insurance Company
If you have car insurance, it will cover you when you are a passenger in someone else’s car. If you still have expenses even after getting compensated from the driver’s policy, your own policy could help cover the rest.
The Other Driver’s Insurance Policy
If the driver of the other car was responsible for the accident in which you were injured, you could also bring a claim against their insurance policy, depending on how serious the accident was.
After Insurance Claims, You May Want to File a Lawsuit
If you were seriously injured as a passenger in a car accident, it is very possible that the insurance benefits you received don’t nearly cover your expenses. In these cases, New York law allows you to file a lawsuit against the negligent party. That party could be:
- The driver of your car
- The driver of the other car
- The manufacturer of a car that malfunctioned
- The employer of the car that caused the injury
You will want to pursue damages for your medical expenses, any wages you lost from not being able to work, and the pain and suffering you have endured as a result of the accident. An experienced car accident attorney will help assess your case and advise you on your potential damages.
How Much Can One Expect to Recover When All is Said and Done?
If the lawsuit is successful or a settlement is reached before trial, the amount a passenger can receive will depend on the nature of the accident and the extent of one’s injuries. It is possible for a car accident settlement to be anywhere from hundreds of thousands of dollars to a million dollars or more.
The average settlement amount for a child in a car accident will also vary depending on the circumstances. Children can seek additional damages for the trauma suffered that can impact the rest of their life. They can also seek lost potential income if the injury keeps them from pursuing certain career choices.
An NYC Car Accident Lawyer Can Advise You
A passenger in a car accident can often feel helpless when the accident occurs and afterward when trying to get proper compensation for their injuries. An experienced personal injury attorney can help you sort out your options and help you move your case forward.