I Was Injured as a Motor Vehicle Passenger. Now What?

If you have been injured as a passenger in a motor vehicle accident in New York, you are protected by certain legal rights. As a passenger, you have the right to seek compensation for your injuries, medical bills, lost wages, and pain and suffering.

In this article, we'll discuss some of the specifics of how legal action works for passengers in motor vehicle accidents, as well as answer some questions about who can actually be held liable, and for what.

In a Single Vehicle Accident Can I Sue the Driver?

In the state of New York, a motor vehicle passenger does have the right to sue the driver for injuries or negligence in a single vehicle accident, under specific circumstances.

In single vehicle accidents, where the driver is solely at fault, passengers are generally allowed to file a personal injury claim against the driver. This is because the driver has a legal responsibility to operate the vehicle safely, ensuring the passengers are not put at risk. If the driver's negligence or recklessness directly caused the accident and resulted in injuries to the passenger, the passenger has the right to seek compensation.

However, it is important to note that New York follows a "no-fault" insurance system. Under this system, injured parties, including passengers, are typically required to file a claim with their own insurance company for medical expenses and lost wages, regardless of who was at fault. Nevertheless, if the passenger's injuries exceed the limitations of their own insurance coverage or meet certain criteria defined by New York law, they may be eligible to file a personal injury lawsuit against the driver.

If Someone Crashed into The Car I Was Riding in Can I Sue That Driver?

The short answer is yes. While New York's No Fault system means that claims are meant to be handled by the parties' own insurance carriers, in the event of serious injuries, lawsuits against individual parties may become necessary.

In cases where the passenger's injuries exceed the threshold set by the state's no-fault laws, or exceed the policy limits of the parties involved, the injured passenger could potentially pursue a lawsuit against the at-fault driver for additional compensation.

What do I Need to Do Right After The Accident?

If you find yourself involved in a motor vehicle accident as a passenger, the first and most important step is to prioritize your safety. Ensure that you are safely removed from the vehicle and away from any potential hazards. Once you are in a safe location, call emergency services to report the accident and obtain medical assistance if necessary.

In the case of minor injuries, it is still important to seek medical attention. Even seemingly insignificant injuries can worsen over time, and obtaining medical documentation can strengthen your case if you decide to pursue a personal injury claim. Additionally, gather as much evidence as possible, such as taking photographs of the accident scene and collecting contact information from witnesses.



If you have sustained serious injuries, it is crucial to prioritize your immediate medical needs. Your health and well-being should be your main concern. If possible, try to document any pertinent information about the accident, such as the circumstances leading up to the incident, and take note of any conversation you have with the other party involved or their insurance representatives.

In both cases, it is highly recommended that you consult with a personal injury attorney as soon as possible. They can guide you through the legal process and help you understand your rights and options. Remember to avoid giving statements to insurance companies without your attorney present, as anything you say may be used against you.

As a passenger involved in a motor vehicle accident, your immediate actions can significantly impact any potential personal injury claims. Prioritize your safety and health, seek medical attention, gather evidence, and consult with a personal injury attorney to protect your rights.

What Should I Discuss with my Attorney?

Firstly, provide your attorney with a detailed account of the accident. Include information such as the date, time, location, and weather conditions. A precise description of how the accident occurred, the vehicles involved, and any observed negligence by the drivers can be vital in building a strong case.

Discuss your injuries with your attorney, including any immediate and long-term medical needs. Provide medical records and bills to support your claim for compensation, and inform your attorney about the impact of your injuries on your daily life, work, and overall quality of life.

It is also important to discuss liability. Your attorney will evaluate who is at fault for the accident and determine the responsible parties. Be prepared to share any witness statements, photographs, or videos that may support your claims.

Your attorney will guide you on how to navigate insurance claims and advise you on the potential compensation you may be entitled to. Discuss any concerns or questions you may have about the legal process and the timeline of your case.

Remember to keep open communication with your attorney throughout your case. Regularly provide updates on your medical condition, any changes in circumstances, and respond promptly to any requests for information or documentation.

If you're working with us here at Langella & Langella, you can expect us to help you stay on top of everything necessary to get you the best outcome.