Passengers of motor vehicles often have little control in preventing a car crash. It’s up to the motorist to take precautionary measures to avoid vehicle accidents. Sadly, when accidents do occur, it can be the passenger who bears the brunt of a driver’s error.
When you or a loved one is injured in a vehicle accident in New York State as a passenger, it’s critical to understand your rights. Passengers can file several claims to receive financial assistance for damages sustained. Because these matters are time-sensitive, it’s crucial to know these options before an accident occurs to maximize your chances of a successful claim.
File an Insurance Claim With Drivers Policy
New York is a no-fault state, meaning that in the case of a vehicle accident, it is up to the driver to file a report with their insurance company to receive financial assistance to pay for damages. The no-fault system eliminates the need for going to court to prove liability for monetary support. It allows accident victims access to the necessary funds for emergency medical expenses immediately, regardless of who caused the accident.
While drivers are required to carry no-fault insurance to operate a vehicle in NYS, passengers are not. No-fault insurance covers injuries not only to the driver of a vehicle but the passengers inside. When a passenger is injured in a vehicle accident, it is up to the passenger to file their own injury claim with the driver’s insurance company to receive assistance for covering damages.
Vehicle accidents that result in passenger injuries fall under one of two situations: the passenger is related to the driver and already on the auto insurance policy, or the passenger has no relation to the driver and is not on their plan.
Passengers related to the driver and listed as subsequent motorists on the policy can call their insurance company for guidance on filing an injury claim. Passengers who are not already on the driver’s auto policy will need to collect information on the driver’s insurance prior to filing a claim.
To file a claim, passengers will need to provide information about the accident, injuries, and any other damages incurred in the crash. Most no-fault plans will cover two types of damages: Bodily Injury (medical expenses) and Property Damages (only for passengers, not car owners).
File With Your Personal Insurance Companies (Auto & Medical)
Passengers injured in a vehicle accident may have luck filing an accident claim with their own insurance companies, both auto and health. Some insurance companies will offer coverage to policyholders if they are injured in an accident as a driver or a passenger. It doesn’t cost anything to give your insurance company a call to discuss your plan, and the result may be surprising.
File A Personal Injury Claim
Unfortunately, auto insurance policies do not always cover the bulk of expenses to cover damages after a car accident, even if the driver has a high pay-out plan. Accidents involving multiple passengers or significant damages may fall short of providing adequate coverage, and passengers injured by drivers with no insurance have zero options through this avenue.
Other complications when filing an injury claim with someone else’s auto insurance lack of information about the plan or driver involved. Passengers who are injured in an accident are not always planning ahead when they are experiencing pain. In the cases where passengers are injured by livery drivers, it may be hard to get in touch with the driver after an accident scene has cleared.
Contacting a vehicle accident attorney immediately after you are injured in an accident awards you with the best chances for securing the compensation you require for recovery. Passengers who explore the option of filing a personal injury claim can recover damages that insurance companies would never payout, including:
- Pain and Suffering;
- Loss of income;
- Loss of employment;
- Medical bills and expenses;
- Medical treatments;
- Therapies (physical and psychological); and
- Property damages.
An experienced accident attorney will review your case and make a comprehensive list of all the damages you are eligible for and how to submit claims effectively to receive the maximum compensation. This can include assistance with filing pesky insurance claims against a driver, a third party, multiple parties, or with your own plans. Insurance companies can be ruthless when it comes to paying out benefits. An accident attorney can help you avoid common pitfalls to increase your chances of a successful reward.
New York City and Long Island Vehicle Accident Lawyers
Our personal injury attorneys at the law firm of Siler & Ingber have over 20 years of experience representing accident victims in New York City and Long Island. We protect your rights by maximizing recovery and securing the financial support our clients need to succeed on their road to recovery. Our winning attorneys know how to navigate through the claim process using our experience as insurance defense attorneys. We are not afraid to fight and are fully prepared to take your case to trial to get a justified verdict over settling for less.
If you or a loved one has been injured in a vehicle accident, our team at Siler & Ingber is here to help. With a 98% success rate, we have the experience and the know-how to help our clients achieve a favorable outcome. Contact us today at 1-877-529-4343, or schedule an appointment online anytime. We never charge a fee unless we recover money for you.