How much money can a passenger in a car accident get? In New York, a passenger injured in a car accident can typically receive settlements ranging from $10,000 for minor injuries to well over $1 million for severe cases.
The exact amount depends on factors such as the severity of injuries, medical expenses, and fault determination. The final settlement amount is influenced by several key factors, including:
- The level of pain and suffering for the passenger in a car accident claim
- Severity of injuries
- Medical expenses
- Lost income
- Liability and fault
- Insurance coverage
- Long-term impact on life
These factors significantly influence the final settlement amount. To learn more about your potential compensation, call us at (718) 650-2462 to schedule a free consultation with our accident attorneys.
Wondering how much money a passenger can receive in a car accident case in New York? Contact our New York City car accident lawyer to explore your options and maximize your compensation!
Are you eligible for a settlement if you are a passenger?
Yes, passengers involved in car accidents are often eligible for settlements. As a passenger, you are generally not responsible for the accident, making your claim more straightforward.
To qualify for compensation, the following factors must be met:
You Were Not Responsible for the Accident
Passengers are rarely considered at fault for car accidents since they have no control over the operation of the vehicle. Responsibility typically lies with one or more drivers involved in the crash, whether it is the driver of the vehicle you were in or another vehicle.
Even in rare situations where a passenger’s actions might have contributed to the accident, such as distracting the driver, their level of fault is usually minimal. For example, liability would still primarily fall on the driver if a passenger shouted at the driver but did not physically interfere with the vehicle.
In most cases, passengers are entitled to seek compensation for their injuries.
You Were Owed a Duty of Care by the Party That Caused the Accident
Every driver is legally obligated to operate their vehicle safely to protect passengers, pedestrians, and other road users. This “duty of care” requires drivers to adhere to traffic laws, maintain vehicle control, and avoid negligent behaviors like speeding or texting while driving.
When a driver breaches this duty, they can be held liable for injuries resulting from their actions. For instance, a driver who runs a red light and causes a collision has violated their duty of care.
As a passenger, you are owed this standard of care regardless of whether you are riding with a friend, family member, or a rideshare service.
The Party Breached Their Duty of Care
To pursue compensation, it must be proven that the at-fault party breached their duty of care through negligent or reckless actions. This breach could include driving under the influence, tailgating, or failing to yield the right of way.
Evidence is critical in demonstrating this breach. Police reports documenting the driver’s actions, traffic camera footage capturing the incident, or eyewitness testimony from other passengers or bystanders can strongly support your claim.
For example, if a driver was cited for speeding or reckless driving, this serves as compelling evidence of their breach.
You Experienced Physical or Psychological Harm as a Result
Compensation for passengers is only awarded if they can demonstrate that they suffered harm due to the accident. Physical injuries might include whiplash, broken bones, or head trauma, while psychological harm could involve conditions like anxiety or PTSD.
These damages must be well-documented through medical records, therapy notes, or expert testimony. For instance, if you required surgery for a spinal injury or needed counseling to manage trauma from the accident, these details will substantiate your claim and justify a higher settlement.
You Make Your Claim Within Three Years of the Accident
New York law sets a strict three-year statute of limitations for filing a personal injury claim. This means you must take legal action within three years of the accident date to remain eligible for compensation.
Failing to meet this deadline generally forfeits your right to file a lawsuit. Acting promptly allows your attorney to collect fresh evidence, interview witnesses, and ensure all legal requirements are met.
Passengers need to consult with our car accident lawyer team early, as injuries like whiplash or herniated discs may take time to fully manifest.
Have you been injured as a passenger in a car accident? You may be eligible to file a passenger injury claim. Contact our Garden City car accident lawyer today to learn more!
Need expert legal guidance for your car accident passenger claim?
If you’ve been injured as a passenger in a car accident, you may be entitled to compensation for your medical expenses, lost wages, and pain and suffering. Our experienced attorneys can provide tailored advice for your situation and guide you through every step of your claim.
It’s important to remember that you must file your claim within New York’s three-year statute of limitations to remain eligible for compensation. Acting on your accident case as quickly as possible ensures that your rights are protected and that all necessary evidence is preserved.
Take the first step toward getting the compensation you deserve. Call us at (718) 650-2462 or visit our Contact Us page to schedule your free consultation today.
How much can a passenger get in a car accident settlement in New York?
Passengers injured in a car accident in New York can often receive substantial compensation depending on several key factors. The settlement amount will vary based on the severity of the injuries, the expenses incurred, and the long-term effects of the accident.
Below, we expand on the factors that influence passenger settlement amounts.
The Level of Pain and Suffering for the Passenger in a Car Accident Claim
Pain and suffering damages address the non-economic impact of the injury, such as physical discomfort, emotional distress, and loss of enjoyment of life. These damages are subjective but can significantly increase the settlement amount.
For instance, a passenger who experiences ongoing migraines or mobility issues due to spinal injuries may receive higher pain and suffering compensation. Providing detailed accounts of how the injury affects daily life, supported by testimony from family members or medical experts, is best for maximizing this portion of the claim.
Severity of Injuries
The extent and seriousness of a passenger’s injuries play a significant role in determining the settlement amount. Minor injuries like soft tissue damage or whiplash will typically result in lower settlements compared to severe injuries such as fractures, spinal cord damage, or traumatic brain injuries.
For example, a passenger who sustains a broken leg requiring surgery and extensive rehabilitation could receive a much larger settlement than someone with mild bruising. Medical documentation, such as imaging results and treatment records, is critical in proving the severity of the injuries after a vehicle accident.
As a passenger in a car accident, you may be able to seek compensation for medical expenses and more. Reach out to our Queens car accident lawyer to discuss your case!
Medical Expenses
The total cost of medical care significantly impacts the settlement value. This includes emergency room visits, diagnostic tests (e.g., MRIs or X-rays), surgeries, physical therapy, and medications. The more extensive and costly the treatment, the higher the settlement is likely to be.
For instance, if a passenger requires ongoing physical therapy for a herniated disc or a surgical procedure such as spinal fusion, these expenses will be factored into the settlement. Victims should keep detailed records of all medical costs to ensure full compensation.
Lost Income
If a passenger’s injuries prevent them from working, either temporarily or permanently, their lost wages and reduced earning potential will be included in the settlement. This is especially significant for passengers with physically demanding jobs who cannot return to work in the same capacity.
For example, a construction worker who suffers a disabling back injury may receive compensation for immediate lost wages and diminished earning capacity over time. Providing documentation such as pay stubs, tax records, or employer statements can strengthen this part of the claim.
Liability and Fault
Liability and fault influence the total settlement amount, as New York follows a comparative fault system. While passengers are almost never found liable, the at-fault driver’s degree of responsibility for the accident can affect the amount of compensation available.
For example, if multiple parties share responsibility for the accident, the settlement may need to account for proportional liability. Evidence such as police reports, witness testimony, and video footage can help establish fault and maximize the passenger’s compensation.
Insurance Coverage
The available insurance coverage for all parties involved in the accident is a critical factor in determining the settlement amount. New York drivers are required to carry minimum liability coverage of $25,000 per person and $50,000 per accident, but these limits may not fully cover severe injuries.
If the damages exceed the policy limits, passengers may need to pursue additional compensation through the at-fault driver’s umbrella policy or their own uninsured/underinsured motorist (UM/UIM) coverage.
Long-Term Impact on Life
The long-term consequences of the accident, such as chronic pain, disability, or emotional trauma, significantly affect settlement amounts. Passengers with permanent injuries that reduce their quality of life or ability to perform daily tasks are likely to receive higher compensation.
For example, a passenger who develops PTSD or is unable to engage in activities they once enjoyed may claim damages for the psychological and emotional toll of the accident. Testimony from medical professionals and mental health experts is often used to support these claims.
Our car accident passenger settlements
We’ve successfully helped passengers injured in car accidents secure substantial settlements. Below are examples of our prominent case results:
- $450,000: Settlement for a passenger in an Access-A-Ride vehicle who sustained a hip fracture requiring surgery.
- $275,000: Arbitration award for a passenger rear-ended in Queens, who later underwent a lumbar spine discectomy.
- $1.8 Million: Settlement for a passenger who underwent multiple surgeries, including a total knee replacement, following a severe car accident.
- $650,000: Compensation for a 58-year-old passenger injured in a rear-end collision in Queens, resulting in neck injuries and back pain.
- $600,000: Settlement for a passenger rear-ended in a crash, resulting in back injuries that required surgical intervention.
These results reflect our commitment to achieving justice for injured passengers in terms of personal injury and New York law.
Call our Brooklyn car accident lawyer today to find out how much compensation you could receive after a car accident and protect your rights!
Trust Ajlouny Injury Law for expert legal advice
At Ajlouny Injury Law, we are dedicated to providing the expert legal guidance you need to secure the compensation you deserve. Whether you’ve been injured as a driver, passenger, or pedestrian, our experienced attorneys are here to fight for your rights and support you every step of the way.
Contact us today at (718) 650-2462 or visit our Contact page to schedule your free consultation and get started on your case. Our car accident attorney team from Ajlouny Law Firm can help you file a personal injury lawsuit and determine fault for the accident.
FAQs
Can a passenger be responsible for a car accident?
Passengers are almost never held responsible for causing a car accident. They do not control the vehicle and typically cannot influence the actions of the driver. However, in rare cases, a passenger’s behavior—such as distracting the driver or interfering with vehicle operation—could contribute to the accident.
In such instances, an investigation will determine the degree of responsibility. Even if a passenger shares some fault, they may still be eligible to pursue compensation for their injuries, though their settlement could be reduced proportionally under New York’s comparative fault rules.
What are my rights as a passenger in a car accident in New York?
As a passenger in a car accident in New York, you have the right to seek compensation for your injuries, medical expenses, and lost wages. You can file a claim against the at-fault driver, regardless of whether it was the driver of your vehicle or another party involved.
Additionally, New York’s no-fault insurance laws allow you to recover compensation from the vehicle’s insurance companies for immediate medical bills and lost income. If your injuries meet the “serious injury threshold,” you may also pursue non-economic damages like pain and suffering through a personal injury lawsuit.
How long does a car accident settlement take in New York?
Car accident settlements in New York generally take a few months to several years, depending on the case. Simple claims resolve faster, while disputes over liability or severe injuries can prolong the process. An experienced attorney can help expedite your claim and negotiate fair compensation.
