Compensation For Injured Passengers

Being involved in a car accident as a driver comes with many problems, but this is also true if you are a passenger. Like drivers, passengers may suffer injuries in an accident. As a passenger in a car accident, you may have a number of questions, such as:

  • Am I entitled to compensation for my injuries?
  • Am I protected by insurance?
  • Whose insurance company do I file a claim with?
  • Who will pay for my medical bills?
  • Who will compensate me for my injuries?

Don't face an overwhelming situation alone. At Jaroslawicz & Jaros, PLLC, we have recovered more than $1 Billion for our clients in injury cases. With more than 200 years of combined experience in legal guidance and representation, our New York City personal injury attorneys can represent you to obtain the maximum compensation for your injuries.

Our skilled legal team has earned multiple awards and recognitions, including:

  • Selected in 2015, 2016 and 2017 as New York Super Lawyers
  • The National Trial Lawyers: Top 100 Trial Lawyers
  • Top Attorneys in the New York Metro Area

No-Fault Insurance Claim Benefits For Injured Passengers

New York is a no-fault insurance state, which means that in most cases, drivers, passengers and pedestrians alike are usually entitled to no-fault benefits. When seeking medical care as a passenger in a car accident, you do not have to prove driver negligence or liability in order to receive no-fault benefits. No-fault insurance compensation generally covers the following:

  • Medical costs for injuries
  • Loss of wages
  • Damages to property

Filing Damage Claims For A Passenger Injury

Because New York is a no-fault insurance state, you are not able to file a claim against an insured driver for compensation unless you suffered a "serious injury" in a car accident. Under New York Insurance Law § 5102(d) and 5014, you are entitled to file a claim against an insured driver for "serious injuries" you suffered during a car accident. The compensation you may be eligible for is similar to other accident claims, including medical costs, loss of wages, and your pain and suffering.

According to the law, serious injury may include the following:

  • Severe disfigurement
  • Loss or limitation of a body function
  • Loss of limbs
  • Loss of an unborn child
  • Injuries resulting in wrongful death

The experienced attorneys at Jaroslawicz & Jaros can explain the New York no-fault insurance laws and what compensation you are entitled to if the injury you suffered qualifies as a "serious injury." They can also explain how to prove that your injury is a "serious injury."

Was The Driver A Family Member Or Close Friend?

You may be hesitant to file a claim with a driver's insurance company if that driver is a close friend or family member. Keep in mind that because no-fault insurance sets aside compensation without a need to establish fault, you may file a no-fault claim without assigning blame. Remember that the purpose of no-fault insurance is to help drivers, passengers and pedestrians alike get the medical care that they need.

One Or More Drivers May Be Held Accountable

As an injured passenger, you need to establish driver negligence, what is called "liability," in order to obtain compensation for your injuries. When two or more cars are involved in an accident, you may file claims against more than one driver if their negligent behavior contributed in any degree to the accident. The experienced attorneys at Jaroslawicz & Jaros will investigate the accident and decide who to sue to obtain the compensation you are entitled to receive.

If you or a loved one has a claim for a serious physical injury caused by a car accident and are in need of legal assistance, call Jaroslawicz & Jaros at 646-569-9472 or toll free in New York at 1-800-269-2780, or submit an online questionnaire. In many cases, a lawsuit must be filed before an applicable expiration date, known as a statute of limitations.

Please call to ensure that you do not waive your right to compensation. Or you can email Abraham Jaros directly at ajaros@lawjaros.com.

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