Being involved in a car accident as a driver comes with many problems, but this is also true if you are a passenger. Passengers, unfortunately, also often suffer injuries in an accident. As a passenger in a car accident you have many questions, such as:

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

No-Fault Insurance Claim Benefits for Injured Passengers:

New York is a No-Fault insurance state, which means that in most cases, passengers are entitled to receive their 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 your No-Fault benefits. No-Fault insurance compensation generally will cover the following up to $50,000:

• Medical costs for injuries
• Loss of wages

Obtaining Compensation for Pain and Suffering:

Because New York is a No-Fault insurance state, you are not able to file a claim against an insured driver for compensation for your pain and suffering unless you suffered what is defined as a “serious injury" in a car accident. Under New York Insurance Law § 5102(d) and 5014, you are only entitled to file a claim against an insured driver for “serious injuries" that you suffered in a car accident. The compensation you may be eligible for is similar to other accident claims, including your past and future medical costs, lost wages, and for your pain and suffering.

According to the No-Fault 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 and determine 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 provides compensation without a need to establish fault, you may file your No-Fault claim without assigning blame.

If you were injured in a car accident, where the driver was a close friend or family member, you need to understand - the reason the driver carries liability insurance is to protect you, the passenger, in case of an accident! While it may be true that the driver’s insurance rate may go up as a result of the accident, if you were seriously injured, your compensation may be in the hundreds, or even millions, of dollars, depending on the severity and permanency of the injury and the amount of available insurance coverage.

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 of the drivers, if their negligent behavior contributed in any degree to the accident. Even if one of the drivers is found to be only one percent negligent for causing the accident, they still must pay you all of your damages. It is therefore important to determine what insurance coverage each car has.

It is always important to carefully look for all the available insurance coverage for each of the vehicles involved in the accident. Was the car owned by an employer with additional policies? Was the driver working? Is there an umbrella policy? Is there underinsurance coverage? Are there other cars in the household?

The experienced attorneys at Jaroslawicz & Jaros will investigate the accident and decide who to sue to obtain the maximum compensation you are entitled to receive.